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THE  LIBRARY  OF  THE 

UNIVERSITY  OF 

NORTH  CAROLINA 


THE  COLLECTION  OF 
NORTH  CAROLINIANA 

ENI)0\XKD   BY 

JOHN  SPRUNT  HILL 
CLASS  OF  1889 


C970.03 

L95r 

v.l 


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UNIVERSITY  OF  N,C,  AT  CHAPEL  HILL 

1         lillllllllillllil 

wmam      00030748852 

^  FOR  USE  ONLY  IN 

[         THE  NORTH  CAROLINA  COLLECTION 


THE 
CHEROKEES 


VOL.  I 


EDITION    LIMITED 

TO 

FIVE.     HUNDRED    COPIES 


GOVERNOR      WILSON      LUMPKIN 

FROM    A    PAINTING    BY    MR.    MOORE,    M  I  LLE  D  G  E  V  I  LLE.    1835-1836. 


THE  REMOVAL 


OF   THE 


CHEROKEE  INDIANS 


FROM 


GEORGIA. 


BY 

WILSON  LUMPKrN. 


INCLUDING 


His  Speeches  in  the  United  States  Congress  on  the  Indian  Question,  as 
Representative  and  Senator  of  Georgia;    His  Official  Corres- 
pondence on  the  Removal  of  the  Cheroicees  during  his 
two  terms  as  Governor  of  Georgia,  and  later  as 
United  States   Commissioner  to   the 
Cherokees, 


i82'j'i84i 


Together  with  a  Sketch  of  His  Life  and  Conduct  while  holding  many 

Public  Offices  under  the  Government  'of  Georgia  and 

the  United  States,  prior  to  1827,  ind 

after  1841. 

VOIvUME  I 


PRIVATELY  PR  IN  TED 

WORM  SLOE 

1907 


DODD,  MEAD  &  COMPANY 

Publishers  —  New  York 


COPYRIGHTED 
NAf'YMBERUEY   JONES    DeRENNE 

1907 


SAVANNAH,    OA.  : 

THE  SAVANNAH   MORNING   NEWS   PRINT. 
1907 


PREFACE. 


This  history  of  the  removal  of  the  Cherokee  Indians 
from  Georgia  is  taken  from  two  volumes  MSS.  in. my  pos- 
session, entitled : 

"Incidents  connected  with  the  life  of  Wilson  Lumpkin, 
illustrated  from  selections  from  his  speeches  and  ofificial 
writings,  written  and  compiled  by  himself  in  the  seventieth 
year  of  his  age,  1852." 

These  volumes  are  such  as  were  used  for  deeds  and 
mortgages,  and  contain  thirteen  hundred  and  seventy-five 
pages  of  closely  written  matter,  some  of  which  are  on  mis- 
cellaneous subjects. 

The  writing  is  very  clear  and  distinct,  and  there  are 
hardly  any  erasures  or  corrections. 

The  first  volume  has  an  introduction,  addressed  to  his 
children  ;  twelve  chapters ;  two  notes,  and  an  appendix. 

The  appendix  contains  a  lengthy  article  on  rehgious 
matters,  a  letter  to  the  Sarepta  Association  and  a  letter  to 
the  Rev.  George  Lumpkin.  There  is  also  an  index  to  his 
letters.  I  have  omitted  the  introduction  and  the  appendix, 
and  have  only  given  extracts  of  the  first  two  chapters,  in 
which  are  many  philosophical  reflections  and  good  advice 
to  young  people.  The  other  chapters  are  given  in  full, 
except  Chapter  IX,  entitled:  "Executive  Correspondence," 
which  is  wholly  devoted  to  minor  correspondence  on  peni- 
tentiary matters,  and  therefore  not  interesting. 

The  title,  the  introduction,  the  contents  of  the  twelve 
chapters,  and  the  notes,  are  in  his  own  handwriting. 

The  second  volume  has  ten  chapters,  commencing  with 
Chapter  XIII. 

Chapter  XIX,  entitled:  "Continuation  of  senatorial 
service,  embracing  a  number  of  speeches  and  remarks  on 


the  floor  of  the  Senate,  on  a  great  variety  of  interesting 
subjects,  with  frequent  notes  and  comments  by  the  author." 

Chapter  XX,  entitled :  "Continuation  of  senatorial 
service,  speeches  and  remarks  on  deeply  interesting  sub- 
jects, together  with  frequent  notes  and  comments  by  the 
author." 

These  two  chapters,  together  with  Chapter  XXII, 
which  is  wholly  devoted  to  family  history,  are  left  out  as 
irrelevant  to  the  subject. 

It  also  has  an  appendix,  containing  three  notes :  A 
statement  about  the  Hon.  Wm.  H.  Crawford ;  a  criticism 
and  answer  to  Gov.  Gilmer's  "Georgians;"  which  are  in- 
cluded.    It  is  almost  entirely  in  his  handwriting. 

WYMBERLEY  JONES  DeRENNE. 


Contents. 


VOLUME  I. 


Chapter      I. 


Chapter    II. 


Chapter  III. 


Chapter    IV. 


Chapter     V. 


Chapter    VI. 


Chapter  VII. 


Chapter  VIII. 

Chapter    IX. 

Chapter  X. 
Chapter  XI. 
Chapter  XII. 


lucluding  the  Period  of  His  Infancy,  Up 
to  His  Eighteenth  Year 

Including  the  Period  from  1801  to  1812, 
Being  12  Years  of  Variegated  Active 
Life,  Embracing  the  Commencement  of 
His  Public  Life 

Including  Six  Years  of  Active  Public  and 
Private  Life.  The  First  Congress  in 
Which  He  Served,  Etc.,  Including  the 
Period  Between  181 2  and  1818 

Including  the  Period  from  1818  to  1824—6 
Years — A  Period  of  Active  Service  and 
Much  Interest 

Including  the  Period  from  1824  to  1830  in 
Congress,  and  Other  Official  Stations  . 

Including  a  Period  of  Two  Years,  1830  and 
1831,  Congressional  Duties,  Speeches, 
Etc 

Including  the  Period  from  1831  to  1836, 
Embracing  the  Period  When  Governor 
of  Georgia,  Executive  Messages,  Inaug- 
ural Addresses,  Etc 

Remarks  on  Various  Matters  of  Public 
Interest 

Executive  Correspondence  of  1832. 
Omitted.     (See  Preface.) 

Executive  Correspondence  of  1833  .... 

Executive  Correspondence  of  1834  .... 

Official  Letters,  1835, 


page 
9 


13 


31 


36 


49 


181 


196 

233 
300 


CORRECTIONS 

Page  54,  line  20,  for  1892,  read  1802. 

Page  268,  line  22,  for  Foote,  read  Foot. 

Pages  276,  277,  278.  287  and  289,  the  name  D.  R.  Mitchell  is  printed 
as  it  occurs  in  the  manuscript,  in  every  instance,  but  it  is  probab- 
ly written  by  mistake  for  D.  B.  Mitchell. 

Page  3  7,  line  14,  for  Gieu,  read  Guieu. 

Page  350,  line  3,  for  council,  read  counsel. 


CHAPTER  I. 

I  am  a  native  of  Virginia,  and  was  born  in  Pittsylvania 
County,  January  14th,  1783.  When  I  was  one  year  old  my 
father  removed  to  Georgia,  and  settled  in  that  part  of  the 
state  then  known  as  Wilkes,  now  Oglethorpe,  County.  My 
parents  were  of  English  descent  on  both  sides,  and  Vir- 
ginia the  birthplace  of  them  and  their  ancestors  for  several 
generations  past.  My  mother's  maiden  name  was  Hopson. 
My  parents  had  ten  sons,  and  only  one  daughter.  Eight 
ovit  of  the  ten  sons,  as  well  as  the  daughter,  lived  to  form 
matrimonial  connections  and  rear  families  of  children.  I 
was  the  second  son,  and  called  after  the  husband  of  my 
father's  only  sister,  Col.  John  Wilson  of  Pittsylvania 
County,  Virginia.  My  father,  John  Lumpkin,  was  amongst 
the  first  settlers  of  Oglethorpe  County,  who,  with  his 
father,  George  Lumpkin,  settled  on  Long  Creek  in  the 
year  1784,  and  encountered  all  the  difficulties  and  dangers 
of  settling  a  wilderness,  far  removed  from  a  dense  popula- 
tion, and  well  cultivated  fields,  exposed,  too,  to  frequent 
depredations  from  hostile  and  savage  Indian  neighbors,  so 
far  as  to  force  them  and  their  frontier  neighbors  to  erect, 
and  live  within  the  enclosed  walls  of  a  rough,  but  strong 
built  fort,  for  several  of  the  first  years  of  their  sojourn  in 
Georgia. 

My  father  had  a  good  business  education,  wrote  well, 
and  was  active  and  ready  in  the  transaction  of  various 
branches  of  business.  Blessed  by  nature  with  a  fine  com- 
manding person,  upwards  of  six  feet  high,  and  perfectly 
erect  in  his  carriage,  naturally  fluent  in  speech,  polite, 
courteous  and  exceedingly  popular  in  his  deportment, 
and  social  intercourse  with  others.  Rather  excitable  in  his 
tem.perament,  yet  he  had  sufficient  command  of  his  feelings 
to  control  his  temper,  when  his  judgment  deemed  it  to  be 
proper  and  expedient  to  forbear.  During  a  long  public 
life,  in  various  important  county  offices,  few  men  ever 
maintained  a  more  uniform  popularity,  although  some- 
times censured  and  blamed  as  a  public  officer,  yet  upon 
due  investigation,  he  never  failed  to  rise  higher  in  the  pub- 
lic esteem.  He  was  for  many  years  an  acting  magistrate, 
or  justice  of  the  peace,  in  the  County  of  Wilkes.  After  the 
creation  of  Oglethorpe  County  he  was  for  many  years  a 
Judge  of  the  Inferior  Court.    Was  a  member  of  the  Legis- 


lo  REMOVAL  OF  THE  CHEROKEE 

latiire  which  passed  the  rescinding  act  of  the  Yazoo  Fraud. 
A  member  of  the  convention  which  formed  the  present 
Constitution  of  Georgia,  was  elected  a  Jefifersonian  Elec- 
tor of  President  and  Vice-President,  was  for  many  years 
Clerk  of  the  Superior  Court  of  Oglethorpe  County — besides 
in  various  minor  public  trusts,  too  tedious  to  mention. 
Tliese  different  positions  always  brought  within  the  reach 
of  his  family  a  knowledge  of  many  local  public  matters 
which  were  not  admissible  to  many  of  the  rising  generation 
of  that  day.  In  his  house  were  always  found  more  newspa- 
pers, books  and  reading  than  was  common  to  families  of 
that  period  in  similar  circumstances ;  in  other  respects  few 
men  retain  so  large  a  share  of  popularity,  through  life,  in 
their  respective  spheres,  as  he  did.  From  the  first  settle- 
ment of  the  County  to  this  day,  he  and  his  immediate  de- 
scendants have  maintained  as  much  character  and  influence 
in  the  County  of  Oglethorpe  as  has  fallen  to  the  lot  of  any 
other  whatever.  My  mother  was  a  woman  of  great 
strength  of  mind,  deeply  imbued  with  the  religion  of  the 
Bible,  with  which  Book  she  was  so  familiar  as  to  need  no 
concordance  to  find  any  passage  of  Scripture  which  she 
desired. 

At  a  very  early  age  I  paid  great  attention  to  all  that 
was  said  by  grown  people,  especially  the  aged.  I  have 
often  sat  quietly,  when  a  small  boy,  at  my  mother's  feet, 
and  heard  her  detail  the  hazardous  scenes  through  which 
my  maternal  uncle.  Col.  Joseph  Hopson,  passed  during  the 
War,  in  Morgan's  Rifle  Corps,  in  which  he  served  in  a 
captain's  command. 

My  father  being  Clerk  of  the  Superior  Court  of  Ogle- 
thorpe County,  I  had  frequently  in  my  school  days,  at 
times  when  at  home,  been  put  pretty  closely,  for  weeks  to- 
gether, to  copying  various  writings  appertaining  to  the 
Clerk's  office,  which  greatly  enlarged  my  stock  of  informa- 
tion upon  various  subjects,  particularly  the  forms  of  vari- 
ous legal  instruments,  and  the  Statutes  of  the  State  upon 
which  they  were  predicated ;  indeed  I  had  by  this  time  be- 
come quite  familiar  with  most  of  the  laws  of  Georgia,  and 
could  readily  draw  up  in  due  form  all  such  instruments  a? 
deeds  of  conveyance,  bills  of  sale,  mortgages,  wills,  &c., 
and  was  often  called  upon  to  perform  such  services  by  the 
honored,  and  felt  amply  rewarded  for  my  labor  by  the  kind 
words  of  praise  and  approbation  which  I  generally  re- 
ceived. 

From  sixteen  to  eighteen,  my  time  was  devoted  to  the 


INDIANS    FROM    GEORGIA.  II 

Clerk's  office,  or  to  laboring  in  and  superintending  my 
father's  farm  ;  which  period  I  had  access  to  books  in  which 
I  became  deeply  interested,  and  availed  myself  of  every 
hour  of  time  which  could  be  spared  from  business.  In  his- 
tory, I  read  Josephus,  Rollin,  Plutarch,  Gibbon,  Hume  and 
many  other  useful  books.  Blackstone  I  had  been  reading 
before,  but  it  now  became  more  and  more  interesting  as  I 
discovered  how  it  was  connected  with,  and  had  sprung 
from,  the  history  of  the  past.  I  read  Smith's  Wealth  of 
Nations,  Vattel,  and  Paley's  Philosophy  with  deep  interest, 
and  then  became  an  unwavering  convert  to  the  principles 
of  free  trade.  This  course  of  reading,  study  and  reflection, 
connected  with  the  fact  of  being  a  great  deal  in  the  society 
of  some  gentlemen  of  liberal  education,  and  extensive  in- 
formation, caused  me  to  mourn  over  my  own  ignorance 
and  want  of  a  liberal  and  regular  education.  My  acquire- 
micnts  in  these  two  years  enlightened  me  to  see  and  feel 
my  want  of  learning.  My  eyes  were  opened  to  a  glimpse 
of  the  vast  field  of  science  and  literature,  necessary  to  be 
explored,  in  order  that  a  man  may  be  prepared  for  the 
greatest  usefulness  to  his  fellow  men.  My  desire  for 
knowledge  v.'as  intense,  but  everything  like  hopeful  aspira- 
tions after  it  was  often  completely  checked,  from  my  want 
of  means  to  embark  in  any  thing  like  a  regular  course  cl 
learning.  I  ignorantly  believed  that  it  was  wholly  impossi- 
ble for  me  under  all  the  existing  circumstances  to  become 
a  highly  educated  man.  I  did  not  see  then  how  I  could  at- 
tempt such  a  course.  All  this  I  now  know  was  ignorance, 
and  if  I  at  that  time  could  have  believed  that  I  should 
have  accomplished  the  little  I  have  done,  I  should  cer- 
tainly have  accomplished  a  great  deal  more  than  I  have. 
Therefore  I  say  to  the  young — Try — patience  and  perse- 
verance in  well  doing  rarely  meets  with  a  negative.  Pre- 
vious to  this  time,  for  several  years,  I  had  intended  to  pre- 
pare as  well  as  I  could,  and  finally  become  an  attorney-at- 
iaw,  and  perhaps  at  the  proper  time  to  embark  in  politics. 
But  when  about  eighteen  years  of  age  the  humble  estimate 
1  put  upon  my  acquirements  and  talents  caused  me,  as  I 
then  thought,  decisively  to  make  up  my  mind  to  abandon 
all  idea  of  engaging  in  pursuits  of  ambition  or  worldly  dis- 
tinction. And  I  at  once  determined,  youth  as  I  was,  to 
seek  felicity  in  the  connubial  state,  and  in  a  correct  and  vir- 
tuous discharge  of  all  those  duties  devolving  on  so  im- 
portant and  responsible  a  situation.  Believing  as  I  then 
and  now  do,  that  the  nearest  approach  which  this  world 


12  REMOVAL  OF  THE  CHEROKEE 

affords  to  Paradise  is  to  be  found  in  rural  life,  in  the  midst 
of  virtuous  and  well  conducted  family  organizations, 

"But  happy  they ;  the  happiest  of  their  kind 
Whom  gentle  stars  unite,  and  in  one  fate 
Their  hearts,  their  fortunes,  and  their  beings  blend." 

Suffice  it,  for  the  present,  to  say  on  this  head  of  my  dis- 
course, that  I  married  the  wife  of  my  choice,  three  years 
and  upwards  younger  than  myself.*  That  we  lived  to- 
gether nineteen  years,  when  it  pleased  God  to  take  her  to 
that  "house  prepared  for  her  in  heaven,  not  made  with 
hands,  but  eternal."  She  had  all  the  merits  of  a  faithful  good 
wife,  and  the  time  we  lived  together  did  but  endear  her 
the  more  to  my  heart.  She  was  the  mother  of  five  sons 
and  three  daughters.  Three  of  the  sons  had  been  com- 
mitted to  the  tomb  before  her  departure.  The  other  five 
children  are  still  living. 

^Elizabeth  Walker. 


CHAPTER  II. 

The  three  tirst  years  of  my  married  life  were  devoted 
with  untiring  energ\^  to  improving  my  circumstances,  and 
adding  to  the  comforts  of  my  humble  home.  I  had  good 
productive  land  to  improve,  and  a  few  negroes  to  help  me 
do  the  work.  I  lost  no  time  from  my  domestic  duties,  ex- 
cept in  the  discharge  of  citizenship,  or  those  which  apper- 
tained to  my  Church  of  which  I  had  become  a  member.  I 
did,  however,  occasionally  do  heavy  jobs  of  writing  for  my 
father,  who  still  held  the  office  of  Clerk  of  the  Superior 
Court,  an  1  a  portion  of  the  twentieth  and  twenty-first 
years  of  my  age  was  spent  in  teaching  school,  in  a  house 
built  by  my  neighbors  near  my  own  residence. 

Before  the  school  year  closed  I  had  upwards  of  forty 
scholars,  and  was  perhaps  one  of  the  most  popular  teachers 
in  all  the  county  around.  But  with  the  close  of  this  school 
terminated  my  being  a  school  master. 

"A  man's  heart  deviseth  his  way ;  but  the  Lord  direct- 
eth  his  steps."  I  was  now  about  to  launch  into  a  field  for 
which  I  had  to  some  extent  been  trained,  and  which  I  had 
voluntarily,  and  as  I  thought  forever,  abandoned.  On  the 
first  Monday  in  October,  1804,  I  was  elected  a  member  of 
the  Legislature  of  Georgia  by  a  vote  of  the  people  Df 
Oglethorpe  County,  extraordinary  for  its  approach  to  gen- 
eral consent.  I  was  thus,  without  the  slightest  seeking  on 
my  part,  transferred  by  the  popular  voice  from  my  school 
house  to  the  halls  of  legislation. 

Upon  taking  my  seat  in  the  Legislature,  I  felt  that  I 
was  a  novice,  the  youngest  man  in  all  the  Legislature. 

But  at  this  my  first  session  as  a  member  of  the  Legis- 
lature, I  became  somewhat  familiar  with  legislative  and 
executive  affairs.  At  the  close  of  this  session,  my  applica- 
tion had  been  such  that  I  was  perfectly  familiar  with  parlia- 
mentary order,  as  administered  in  the  Legislature  of  Geor- 
gia. And  the  presiding  officer  of  the  House  was  Abram 
Jackson,  of  Burke,  (bro.  to  our  distinguished  Gen.  James 
Jackson)  and  a  man  of  more  than  ordinary  qualifications 
for  the  station  with  which  he  was  honored.  At  this  time 
Gov.  Milledge  filled  the  Executive  chair,  with  ability  and 
dignity. 

(13) 


14  REMOVAL  OF  THE  CHEROKEE 

At  this  period  of  our  Republic  Mr.  Jefferson  filled  the 
Executive  chair  of  the  Union,  and  the  popularity  of  his 
principles  and  administration  was  such,  that  there  was  no 
such  thins^  as  an  open  avowed  organized  partv  opposed  to 
him  and  his  Republican  administration.  At  this  day,  we  had 
had  no  avowed  Federal  party  in  Georgia.  Political  parties 
fifty  years  ago  in  Georgia,  and  indeed  long  since,  turned 
more  upon  popular  leaders — more  on  men  than  on  meas- 
ures. Mr.  Crawford  and  Gen.  Clark  were  at  this  time  per- 
sonal enemies,  and  each  of  them  had  a  controlling  influence 
over  a  considerable  portion  of  both  branches  of  the  Legis- 
lature, while  perhaps  a  majority  of  the  members,  like  my- 
self, desired  to  keep  aloof  from  the  personalities  of  these 
gentlemen.  Mr.  Crawford  and  his  friends,  with  whom  I 
was  the  most  intimate,  were  in  the  habit  of  calling  Gen'l 
Clark  and  his  friends  the  Federal  party,  and  accused  Gen'l 
Clark  and  some  of  his  leading  friends  (truly)  of  having 
held  office  under  John  Adams,  the  elder;  moreover,  they 
alleged  that  Clark  and  his  friends  were  connected  with  and 
participated  in  the  odious,  corrupt,  hateful,  and  abomina- 
ble Yazoo  Fraud — perpetrated  through  the  instrumentality 
of  the  corrupt  Legislature  of  Georgia,  in  the  year  1795 — 
which  transaction,  though  rescinded,  and  expunged  from 
the  records  of  the  State,  cannot  be  thought  of  by  men  of 
my  age  without  a  blush  of  deep  mortification  and  regret 
that  the  integrity  of  their  beloved  State  should  ever  have 
been  thus  tarnished.  Upon  the  other  hand,  Gen'l  Clark 
and  his  friends  claimed  to  be  the  direct  descendants  of 
the  principal  leading  Whigs  of  the  Revolutionary  War,  in 
the  Southern  States,  and  of  having  gained  our  State  from 
the  mother  country,  as  well  as  the  savage  foe. 

They  gloried  in  the  name  of  Washington,  the  Father  of 
his  Country,  and  alleged  that  he  brought  Mr.  Adams  into 
the  Presidency,  as  his  successor,  and  that  the  revolu- 
tionary services  and  patriotism  of  Adams  himself,  con- 
nected with  the  confidence  reposed  in  him  by  Washington, 
had  led  them  to  accept  office  under  his  administration ;  and 
that  they  were  not  selected  for  office  on  account  of  their 
present  afifinity  with  Federalism,  but  on  account  of  their 
distinguished  Whig  connections  of  the  Revolution.  Truly 
and  indeed,  Clark  and  most  of  his  leading  friends  of  that 
day  professed  to  be,  and  in  many  respects  sustained  well, 
the  character  of  real  Democrats,  if  not   Red  Republicans. 

In  regard  to  the  Yazoo  Fraud,  the  facts  are  these,  as 
the  records  of  the  countv  will  still  show :  neither  Clark  nor 


INDIANS    FROM    GEORGIA. 


15 


any  other  man  in  Georgia  has  ever  been  promoted  to  high 
office,  who,  in  any  tangible  way  whatever,  participated  in 
bringing  about  that  despicable  transaction,  either  directly 
or  indirectly.  Gen'l  Clark  and  many  other  individuals,  who 
seem  never  to  have  had  any  thing  to  do  with  the  infamous 
transaction  until  the  Legislature  had  consummated  their 
crime,  afterwards  became  purchasers  of  scrip  or  lands 
purchased  by  the  speculators  under  the  fraudulent  act  of 
the  Legislature.  For  my  own  part,  I  always  condemned 
even  this  distant  connection  with  the  infamous  transac- 
tion. Yet  many  men  of  honor  and  great  integrity  of 
character  in  Georgia  reasoned  differently,  and  considered 
their  second  hand  purchases  fair  and  legitimate.  For 
many  years  the  validity  of  the  titles  of  the  speculators  was 
litigated  before  the  highest  judicial  tribunals  of  the  coun- 
try, and  the  opinion  of  many  of  the  ablest  legal  men  of  the 
country  was  in  their  favor.  Indeed  Congress,  after  Geor- 
gia had  transfered  her  right  to  the  land  to  the  Federal 
Government,  passed  liberal  compromise  acts,  under  the 
provisions  of  which  the  litigation  was  finally  adjusted. 
Gen'l  Clark  at  various  times  conversed  with  me  on  the 
subject  of  the  Yazoo  Fraud,  and  always  expressed  the 
strongest  indignation  against  the  corrupt  and  fraudulent 
transaction,  and  seemed  to  feel  justified  in  purchasing 
back,  upon  the  best  terms  he  could,  an  inheritance  of  which 
he  had  been  unjustly  defrauded.  Gen'l  Clark,  and  his 
friends,  professed  to  consider  their  opponents  in  the  light 
of  a  combination  of  mere  office-seekers,  destitute  of  all 
fixed  political  principles.  The  leaders  were  composed 
chiefly  of  lawyers,  who  could  with  srreat  facility,  with  our 
then  scattered  population,  govern  the  politics  of  the  State. 
Up  to  this  time,  and  for  many  years  after,  there  had 
been  no  organized  division  of  parties  on  general  politics. 
All  aspirants  to  office  professed  to  belong  to  the  Repub- 
lican party.  We  never  had  more  than  one  State  ticket  for 
Electors  of  President  and  Vice-President,  until  General 
Jackson  became  a  candidate  for  the  presidency.  Under 
this  state  of  things,  on  my  entrance  into  the  Legislature 
of  Georgia,  I  imbibed  a  disrelish  to  becoming  a  partizan  to 
either  of  the  factions.  I  had  much  respect  and  real  regard 
for  the  leading  men  on  both  sides,  and  appreciated  their 
courtesy  and  kindness  to  me.  But  I  did  not  participate  in 
the  prejudices  of  either.  At  the  close  of  the  session,  I  re- 
turned to  my  family  and  constituents,  to  render  an  account 
of  my  stewardship,  and  was  very  generally  greeted  with 


l6  REMOVAL  OF  THE  CHEROKEE 

kindness.  On  the  first  Monday  in  January  following,  with- 
out my  being  consulted  on  the  subject,  I  found  myself  ap- 
pointed a  magistrate  of  my  district,  the  Inferior  Court  at 
that  time  being  the  appointing  power.  I  sincerely  regret- 
ted the  mark  of  confidence,  but  the  people  of  my  neighbor- 
hood and  district  would  not  listen  to  any  apology  or  ex- 
cuse tending  to  declination.  I  felt  myself  bound  to  accept, 
and  accordingly  forthwith  entered  upon  the  duties  of  my 
new  ofifice.  I  held  the  office  for  some  years,  and  believe 
gave  very  general  satisfaction.  But  I  now  state  in  candor, 
and  in  truth,  thrt  from  that  day  to  this  I  never  have  filled 
an  office,  in  which  I  oftener  found  myself  embarrassed,  and 
at  a  loss  how  to  proceed.  You  who  live  in  Georgia,  at  this 
time,  will  please  to  suspend  your  surprise,  while  I  give  you 
some  account  of  the  then  existing  state  of  things.  And 
first,  at  that  distant  period,  some  magistrates  felt  morally 
and  conscientiously  bound  to  do  their  duty.  They  felt  that 
they  were  conservators  of  the  peace  of  society — in  their 
spheres,  they  felt  bound  to  execute  the  laws.  They  were 
measurably  destitute  of  those  valuable  books  of  forms, 
now  in  the  hands  of  every  one.  The  Statute  laws  of  the 
State  had  not  then  been  extended  to  one-half  of  those 
cases  of  litigation  and  controversy  which  from  time  to 
time  arise  in  society.  The  magistrate  in  those  days  had 
but  little  of  what  is  called  precedents  before  him.  I  had 
read  Blackstone,  I  knev/  something  of  what  is  called  com- 
mon law  ;  but  had  to  exercise  due  caution  how  I  referred  to 
such  authority,  when  in  the  presence  of  my  brethren  of  the 
same  Bench.  I  had  to  act  as  parson  in  solemnizing  the 
bands  of  matrimony.  I  had  to  counsel  both  plaintififs  aMid 
defendants,  when,  in  a  strait,  it  was  difficult  to  obtain  legal 
advice,  for  lawyers  were  not  so  plenty  then  as  to  make 
it  necessary  to  ride  double.  Each  one  then  could  aflford 
himself  a  horse.  I  had  to  write  deeds  of  conveyance,  bills 
of  sale,  mortgages,  marriage  contracts,  wills,  memorials 
to  the  Legislature  and  to  Congress,  articles  of  agree- 
ment— of  copartnerships — and  to  give  advice  to  all  my 
neighbors,  in  regard  to  legal  matters — indeed  the  time  T 
occupied  this  office  I  consider  the  most  memorable  of  my 
whole  life.  The  most  useful  part  of  my  labors  in  this  office, 
however,  must  be  attributed  to  my  success  as  a  peace 
maker — before  I  relinquished  the  office  I  was  able  to  effect 
amicable  settlements  between  contending  parties,  and  re- 
store peace  and  harmony,  without  resorting  to  the  law  in 
most  Ccises,  and  in  all  practicable  cases    I  invariably  pur- 


INDIANS    FROM    GEORGIA.  17 

sued  that  course.  For  several  years  I  continued  to  serve 
in  the  Legislature  of  Georgia,  with  the  general  approba- 
tion of  my  constituents,  and  I  trust  with  somewhat  im- 
proved qualifications  to  render  them  useful  service. 

The  Legislature  of  Georgia,  at  the  period  of  which  we 
are  speaking,  as  hereinbefore  suggested,  was  to  a  consid- 
erable extent  composed  of  gentlemen  highly  qualified  for 
the  discharge  of  the  important  duty  of  legislating  for  a 
state  destined  to  become  conspicuous  in  our  great  con- 
federacy of  states ;  and  the  transactions  growing  out  of  the 
Yazoo  Fraud  had  pretty  nearly  purged  the  state  from 
political  corruption  in  her  counsels  and  government,  and 
I  should  have  enjoyed  the  privilege  of  a  seat  in  the  Legis- 
lature of  Georgia  very  highly,  but  for  faction  and  polit- 
ical strife,  based  rather  upon  personal  considerations  than 
that  of  vital  and  fundamental  principle  of  government. 
Lvery  man  of  experience  knows  the  difficulty  under  our 
system  of  government  of  being  an  official  man,  and  at  the 
same  time  keeping  aloof  from  two  contending  parties. 
This  was  the  position  I  had  sought  to  maintain.  I  found 
things  to  censure  and  approve  in  both  parties — I  believed 
that  both  had  equal  claims  to  patriotism — and  I  could  not 
in  good  conscience  heartily  enter  into  warfare  for  any 
man  or  set  of  men.  I  felt  desirous  that  these  strifes 
might  cease.  I  desired  no  other  motto  than  "God  and  our 
country." 

Under  these  considerations,  in  connection  with  the 
growing  demand  for  all  my  time  and  services,  being  de- 
voted to  my  family,  I  withdrew  from  the  bustles  of  public 
life — I  thought  forever ;  but  it  was  at  best  for  a  short  time. 
By  natural  increase,  in  nine  years  my  family,  including  the 
colored  with  the  white,  had  increased  three-fold — which 
added  greatly  to  my  charge,  and  little  or  nothing  to  the 
productive^labor  of  my  establishment.  But  by  the  industry, 
care  and  good  economy  of  my  wife,  and  my  assiduous  de- 
votion to  my  domestic  affairs,  when  not  actually  engaged  in 
public  matters,  we  had  enlarged  and  greatly  improved.  Our 
real  estate  was  free  from  embarrassment  and  debt,  and  the 
way  open  to  work  for  a  living.  Having  spent  my  life  in 
Georgia,  and  having  seen  but  little  beyond  its  borders,  and 
often  hearing  the  glowing  descriptions  of  the  great  West, 
from  the  lips  and  pens  of  intelligent  and  gifted  men,  I  be- 
came restless,  and  felt  disposed  to  seek  a  better  earthly 
paradise,  and  after  much  reflection  on  the  subject,  on  the 
first  of  September,  in  the  year  1811,  in  company  with  four 


l8  REMOVAL  OF  THE  CHEROKEE 

Other  gentlemen  of  Oglethorpe  County,  I  set  out  for  what 
was  then  considered  the  far  West.  We  traversed  what  is 
now  the  States  of  Alabama  and  ]\Iississippi,  and  took  a 
general  view  of  what  is  now  considered  the  most  desirable 
portions  of  those  States,  although  the  country  was  then 
chiefly  occupied  by  the  Indians.  From  Xatchez'to  New  Or- 
leans, we  examined  the  Mississippi  bottoms,  and  its  ap- 
purtenances. We  crossed  the  Mississippi  and  proceeded 
up  the  Red  River  about  one  hundred  miles.  Our  return 
route  was  through  Tennessee  and  Kentucky.  We  were 
almost  incessantly  traveling  for  near  four  months,  and 
arrived  at  home  just  before  Christmas.  We  examined 
everything  of  most  interest,  on  the  line  of  the  route  herein 
designated.  It  would  be  superfluous  for  me  to  refer  to  my 
old  Note  Book  and  Journal,  which  was  faithfully  kept  from 
day  to  day,  and  is  still  preserved,  in  order  to  describe 
the  country  explored,  its  advantages  and  disadvan- 
tages, and  the  views  which  I  then  entertained, 
the  conclusions  to  which  I  arrived.  All  this  kind  of  infor- 
mation can  now  be  derived  from  sources  far  more  accurate 
and  ample,  and  therefore  more  entitled  to  consideration. 
Suf^ce  it  for  me  to  say  that  I  returned  home  fully  satisfied 
that,  all  things  being  taken  into  consideration,  a  better 
earthly  country  than  Georgia,  for  the  whole  population, 
could  not  be  found  under  the  sun.  And  I  think  so  yet.  I 
have  seen  richer  lands  elsewhere  than  in  Georgia.  But 
her  variegated  soil,  climate  and  productions,  in  connection 
with  her  advantages  of  water,  commerce  and  population, 
are  unsurpassed,  and  should  satisfy  any  mortal  man. 
Georgia  is  a  favorable  land  to  prepare  for  an  abiding 
home.  During  this  long  and  hazardous  journey,  through 
the  wild  wilderness  and  savage  men  of  the  forest,  I  was 
wonderfully  preserved  from  fatal  disasters.  We  not  only 
penetrated  and  explored  the  land  of  the  heathen,  but  for 
many  days'  travel ;  on  different  parts  of  our  route,  we  fol- 
lowed the  trails  and  paths  of  the  savage  which  were  known 
at  that  time  to  be  infested  with  bands  of  the  most  bloody 
robbers.  We  spent  one  day  at  the  great  Indian  Council, 
held  at  Tuckabatchee  in  the  Creek  Nation,  when  not  only 
all  the  tribes  of  the  different  nations  of  the  Indians  of  the 
Southern  States  were  represented,  but  a  delegation  of  the 
Northern  tribes,  headed  iDy  the  distinguished  Chief  Tecum- 
seh,  were  in  attendance.  We  now  know,  that  at  that  very 
council  it  was  resolved  by  the  Creek  Indians  to  unite 
with  Tecumseh    and  his   Northern  hordes    in   aiding:  the 


INDIANS    FROM    GEORGIA.  jo 

British  in  their  anticipated  war  with  the  United  States. 
Indeed,  while  I  was  yet  in  the  wilderness,  I  heard  of  the 
death  of  Arthur  Lot  and  his  son,  murdered  by  the  Creek 
Indians,  in  the  path  which  I  had  but  recently  traveled. 
And  before,  or  just  after  my  return  home,  I  lieard  of  the 
massacre  of  the  inmates  of  Fort  Mimms,  near  the  junction 
of  Alabama  and  Tombigbee  rivers,  a  place  where  I  had 
spent  several  days  to  recruit  my  stock  of  provisions.  For 
during  the  greater  portion  of  our  journey  we  carried  our 
subsistence  on  pack  mules,  attended  by  our  servants.  We 
observed  all  the  time  we  were  amongst  the  Creek  Indians 
that  they  were  unaccommodating,  stubborn  and  insolent. 
We  were  watchful  and  guarded  in  all  our  movements,  but 
entertained  but  slight  apprehension  of  any  serious  danger. 


CHAPTER  III. 

In  June,  1812,  the  Congress  of  the  United  States  de- 
clared war  against  Great  Britain — which,  if  nothing  else, 
rendered  it  entirely  inexpedient  for  me  to  think  of  remov- 
ing with  my  family  to  the  country  which  I  had  selected  for 
that  purpose.  My  country  now  being  involved  in  war,  I 
felt  it  to  be  my  duty,  regardless  of  my  private  interest,  to 
give  my  best  services  to  her ;  and  accordingly  at  the  ensu- 
ing election,  in  October,  the  people  of  Oglethorpe  County, 
in  that  spirit  of  kindness  and  partiality  which  they  had  uni- 
formly extended  to  me  from  early  boyhood,  again  elected 
me  to  represent  them  in  the  Legislature  of  Georgia.  It 
may  be  proper  here  to  state  that  I  never,  at  any  season  of 
my  life,  felt  any  taste  or  desire  to  engage  in  military  life. 
I  never  had  a  taste  for  human  slaughter,  and  therefore 
did  not  seek  the  glory  of  military  fame.  I  continued  to 
serve  in  the  Legislature  of  Georgia  for  the  two  first  years 
of  the  war,  and  took  an  active  part  in  all  those  measures 
deemed  necessary  to  meet  the  existing  exigencies  of  the 
country.  But  without  entering  upon  the  details  of  my 
own  particular  acts,  suffice  it  to  say  that  I  became  con- 
vinced, from  my  intercourse  and  business  connection  with 
gentlemen  from  every  part  of  the  State,  that  the  people 
desired  to  transfer  me  from  a  seat  in  the  Legislature  of  the 
State  to  that  of  the  Congress  of  the  United  States.  I 
therefore  became  a  candidate  for  Congress  at  the  ensuing 
October  election  (by  general  ticket)  in  1814.  And  I  was 
elected  the  highest  man  on  the  ticket,  except  Mr.  For- 
syth, who  received  a  few  more  votes  than  myself.  The 
delegation  consisted  of  Mr.  Forsyth,  myself,  Wilde,  Alfred 
Cuthbert,  Thomas  Telfair,  and  Boiling  Hall.  Being  elected 
more  than  a  year  before  the  time  of  entering  upon  the 
duties  of  my  new  appointment,  afforded  me  time  for  the 
study  and  consideration  of  the  various  duties  of  the  new 
station  to  which  I  had  been  called,  and  you  may  rest  as- 
sured I  endeavored  diligently  to  make  the  very  best  use 
of  the  time  thus  afforded.  Before  I  took  my  seat,  the 
country  was  again  restored  to  peace,  by  the  Treaty  of 
Ghent,  entered  into  between  the  two  belligerents. 

When   I   arrived   at  Washington,   in   the   latter   part   of 

(20) 


INDIANS    FROM    GEORGIA.  21 

November,  1815,  to  enter  upon  my  duties  as  a  member  of 
Congress,  I  then  first  beheld  the  Capitol  of  the  country — 
the  mansion  of  the  President  and  other  public  buildings, 
undergoing  repairs,  having  been  blown  up,  and  greatly  in- 
jured by  the  vandal  hands  of  the  enemy  during  the  war — • 
Congress  had  necessarily  to  transact  its  business  in  anoth- 
er building,  temporarily  prepared  for  the  purposes.  Al- 
though peace  had  been  restored  to  the  country,  this  Con- 
gress met  under  circumstances  of  great  responsibility,  re- 
quiring a  degree  of  patriotism,  wisdom  and  statesmanship 
equal  to  any  which  had  ever  preceded  it.  The  debt  of  the 
United  States,  liquidated  and  unliquidated,  was  not  less  than 
one  hundred  and  thirty  millions  of  dollars.  The  country 
had  but  little  specie,  and  the  paper  circulation  was  not  onlv 
deranged,  but  was  to  a  great  extent  worthless — so  little 
confidence  was  placed  in  the  Bank  bills  then  in  circulation, 
that  you  could  scarcely  travel  from  one  state  to  another, 
without  the  bills  of  the  state  in  which  you  were  journey- 
ing. The  time  had  now  arrived  for  changing  and  adjust- 
ing all  the  Legislatures  of  the  country  from,  a  war  to  a 
peace  establishment.  The  experience  gained  during  the 
war  had  unsettled  and  changed  some  of  the  former  fixed 
and  settled  opinions  of  many  of  our  distinguished  states- 
men. Our  little  Navy  had  fought  itself  into  popularity  and 
favor.  The  dreadful  state  of  the  currency  of  the  country 
had  produced  conviction  on  the  minds  of  many  that  the 
finances  of  the  country  could  not  be  managed  successfully 
without  the  aid  of  a  National  Bank.  The  suffering  of  the 
country  for  the  want  of  many  of  the  necessaries  of  life, 
during  the  war,  when  our  commerce  was  cut  off,  caused 
home  or  domestic  manufactures  of  every  kind  which  had 
sprung  up  during  the  war  to  have  very  many  strong 
friends  in  Congress,  who  were  disposed  not  only  to  en- 
courage but  to  protect  those  infant  establishments  from 
foreign  competition,  by  laying  heavy  duties  upon  imports. 
There  was  another  class  of  statesmen,  who  had  always 
belonged  to  the  old  strict  construction  school  of  politicians, 
who  although  in  favor  of  encouraging  manufactures,  by 
laying  high  revenue  duties  on  foreign  imports,  because 
necessary  to  raise  money  to  pay  the  debts  of  the  nation, 
did  not  concur  in  the  policy  of  legislating  for  the  express 
object  of  encouraging  any  one  branch  of  industry,  in  pref- 
erence to,  or  at  the  expense  of,  another.  They  then,  as 
now,  denied  the  constitutionality  of  a  protective  tariff. 
Nor  was  the  tariff  of  1816  passed  principally  to  protect,  but 


22  REMOVAL  OF  THE  CHEROKEE 

incidentally  to  encourage  manufactories,  and  raise  money 
to  pay  the  debts  of  the  nation.  All  at  that  time  desired 
the  increase  and  prosperity  of  domestic  manufactures, 
with  a  view  to  the  independence  of  the  country,  in  time  of 
war  as  well  as  peace.  But  many,  then  as  now,  protested 
against  the  constitutionality  of  a  protective  tariff  designed 
to  enrich  individuals,  or  sections,  at  the  expense  of  other 
sections,  or  individuals  engaged  in  different  pursuits.  I 
voted  in  favor  of  the  tariff  of  1816,  for  the  purpose  of  rais- 
ing money  to  pav  the  public  debt.  And  to  avoid  a  resort 
to  direct  taxes  for  that  purpose,  and  with  kind  feelings  to 
that  interest,  at  the  time  I  was  pleased  at  the  incidental 
encouragement  which  it  afforded.  Popular  favor  at  this 
time  was  loud  and  strong  in  favor  of  the  Federal  Gov- 
ernment prosecuting  various  works  of  internal  improve- 
ment with  a  view  to  the  common  defence  and  general  wel- 
fare of  the  country.  It  had  been  seen,  during  the  progress 
of  the  war,  then  just  terminated,  that  for  the  want  of 
roads,  and  other  practical  improvements,  to  facilitate 
transportation  from  one  point  to  another,  the  country  had 
suffered  immense  loss  of  both  men  and  money.  The  army 
as  well  as  the  munitions  of  war,  including  subsistence  for 
the  army,  very  often  had  to  perform  a  long,  hazardous  and 
circuitous  route  (for  the  want  of  a  direct  road)  which  cost 
the  government  a  vast  amount  of  money,  often  accom- 
panied by  the  most  serious  disasters.  The  transportation 
of  a  barrel  of  flour  one  hundred  miles  sometimes  cost 
more  than  the  purchase  of  three  barrels.  Under  all  the 
circumstances  existing  at  this  time,  many  of  the  members 
composing  this  Congress,  who  had  hitherto  acted  with  the 
old  Republican  party  of  the  country,  and  who  professed 
the  faith  of  the  Virginia  and  Kentucky  resolutions  of  1798 
and  '99.  manifested  a  strong  disposition  to  favor  meas- 
ures of  a  liberal  and  latitudinarian  character.  It  is  difificult 
for  the  most  enlightened  men  of  the  present  generation 
to  review  the  proceedings  of  this  Congress  without  doing 
much  injustice  to  many  of  the  prominent  actors  on  that 
theater.  Many  members  of  this  Congress,  who  with  Jeffer- 
son and  Madison  at  their  head,  had  zealously  contended  for 
the  most  strict  construction  of  the  Federal  Constitution, 
for  state  sovereignjty  and  state  rights — who  had  denied  to 
Congress  the  power  to  charter  a  United  States  Bank — to 
foreign  imports — or  by  constructing  and  carrying  on  a  sys- 
tem of  internal  improvements  by  the  Federal  Govern- 
ment, were  now  found  with  Mr.  Madison  at    their    head, 


INDIANS    FROM    GEORGIA. 


23 


more  or  less  sustaining^  and  encouraging  a  latitudinarian 
policy  which  they  had  hitherto  repudiated  and  condemned. 
Mr.  Madison,  in  his  annual  message  to  this  Congress, 
says :  "In  the  absence  of  the  precious  metals,  it  devolves 
on  the  wisdom  of  Congress  to  provide  a  substitute  which 
shall  equally  engage  the  confidence,  and  accommodate  the 
wants  of  the  citizens,  throughout  the  Union.  And,  if  the 
operation  of  the  State  Banks  cannot  produce  this  result, 
the  probable  operation  of  a  National  Bank  will  merit 
your  consideration."  On  the  subject  of  manufactures  he 
says :  "Under  circumstances  giving  a  powerful  impulse 
to  manufacturing  industry,  it  has  made  among  us  a  prog- 
ress, and  exhibited  an  efftciency  which  justify  the  belief, 
that  with  a  protection,  not  more  than  is  due  to  the  enter- 
prising citizens,  whose  interests  are  now  at  stake,  it  will 
become  at  an  early  day  not  only  safe  from  competitions 
from  abroad,  but  a  source  of  domestic  wealth,  and  even  of 
external  commerce.  In  selecting  the  branches  more  espe- 
cially entitled  to  public  patronage,  a  preference  is  obvi- 
ously claimed  by  such  as  will  relieve  the  United  States 
from  a  dependence  on  foreign  supplies,  ever  subject  to  cas- 
ual failures,  for  articles  necessary  for  the  public  defence, 
or  connected  with  the  primary  wants  of  individuals."  Mr. 
Clay,  now  Speaker  of  the  House  of  Representatives,  and 
who  had  not  long  before  returned,  as  one  of  the  successful 
negotiators  of  the  Ghent  Treaty,  was  at  the  time,  emphati- 
cally the  great  Magnus  Apollo  of  the  great  Republican 
■  party,  and  most  efficiently  and  successfully  :.-upported  all 
the  most  important  policy  and  recommendations  of  Mr. 
Madison.  Moreover,  he  was  sustained  by  a  number  of 
gentlemen  who  have  long  since  distinguished  themselves 
as  the  first  statesmen  of  the  age.  On  this  list  vou  will  find 
the  names  of  Calhoun,  Lowndes,  Forsyth,  Wilde,  Ingham, 
Yancey,  Middleton,  Judge  McLean,  of  Ohio,  &c.,  &c.,  be- 
sides a  host  of  talent  in  the  opposition  rarely  equalled, 
and  never  perhaps  surpassed.  Indeed  this  Congress  was 
very  highly  distinguished  for  talent,  genius  and  political 
experience.  Besides  those  named,  there  were  Timothy 
Pickering,  Daniel  Webster,  John  Sergeant,  Wm.  Gaston, 
Grosvenor  of  New  York,  Philip  P.  and  James  Barbour,  of 
Virginia,  John  Randolph,  of  Roanoke,  and  his  half  brother, 
Henry  St.  George  Tucker,  Sheflfey,  Judge  Nelson,  Gov. 
Tazewell,  Gov.  Pleasants,  Wm.  Roane,  and  Wm.  A.  Bur- 
well,  all  of  Virginia,  R.  M.  Johnson,  and  Gov.  Desha  of 
Kentucky,   T.    B.    Robinson,    of   Louisiana,    Hulbert    and 


24  REMOVAL  OF  THE  CHEROKEE 

King  of  Massachusetts,  Hopkinson  of  Philadelphia,  Wm. 
Pinkney  of  Maryland,  Nath'l  Macon  of  North  Carolina, 
Gov.  Bibb  of  Georgia,  Wm.  R.  King  of  Alabama,  besides 
a  great  number  of  highly  talented  individuals,  not  enumer- 
ated in  this  list.  But  my  principal  object  is  to  evince,  that 
it  should  be  no  matter  of  surprise  that  such  men  as  Madi- 
son, Clay,  Lowndes,  Calhoun,  and  their  followers,  should 
have  succeeded  in  incorporating  a  National  Bank,  have 
laid  the  foundation  for  a  protective  tariff,  and  have  pre- 
pared the  way  for  the  Federal  Government  to  enter  on  a 
system  of  internal  improvements.  The  measures  on  these 
several  subjects,  however,  were  not  consummated  without 
a  most  vigorous  opposition — such  men  as  John  Randolph, 
P.  P.  Barbour,  Wm.  A.  Burwell,  Nath'l  Macon,  and  many 
others,  opposed  these  measures  on  constitutional  grounds, 
and  they  were  aided  and  strengthened  by  the  violent  por- 
tion of  the  old  Federal  party,  who  still  sought  to  embar- 
rass any  administration  of  the  government,  called  Repub- 
lican. Yet  in  all  the  proceedings  of  this  Congress,  I  can 
now  more  clearly  see  than  I  then  apprehended,  that  pre- 
liminary steps  were  taken,  and  the  way  was  preparing,  for 
what  has  since  been  called  the  era  of  good  feelings  under 
the  administrations  of  Mr.  Monroe ;  there  were  many  men 
in  this  Congress  disposed  to  blot  out  from  the  book  of 
remembrance  forever  political  strife,  and  join  in  the  cry, 
"we  are  all  Federalists — we  are  all  Republicans."  In  this 
Congress,  I  often  felt  myself  embarrassed  and  at  a  loss,  to 
determine  on  the  path  of  duty — I  was  a  Democrat,  by  na- 
ture, and  a  Republican  from  principle,  education  and  all 
the  intimate  associations  of  my  past  life.  I  was  not  then 
sufificiently  acquainted  with  all  the  historical  facts  con- 
nected with  the  formation  of  the  Federal  Constitution,  and 
with  the  history  of  the  state  governments,  touching  their 
Federal  and  Constitutional  union,  to  enable  me  independ- 
ently of  all  testimony  except  records,  to  form  opinions  for 
myself  on  controverted  constitutional  points.  T  now  saw- 
many  of  the  old  leading  Republicans,  who  had  once  op- 
posed National  Banks,  Protective  Tariffs,  a  system  of 
internal  improvements  by  the  Federal  government,  &c., 
&c.,  pleading  for  the  expediency  and  necessity  of  these 
measures.  While  Macon,  Randolph,  P.  P.  Barbour  and 
others  adhered  to  their  old  Republican  faith,  under  these 
circumstances  and  under  the  impression  that  nothing  else 
presented  to  my  mind  could  save  the  country,  I  voted  for 
the  charter  of  th.e  National  Bank,  as  well  as  for  the  Tariflf 


INDIANS    FROM    GEORGIA. 


25 


of  1816.  But  I  have  long  since  repudiated  these  votes,  be- 
Heved  myself  to  be  better  informed,  and  have  been  firmly 
resolved  that  no  necessity  whatever  should  ever  induce 
me  to  contribute  my  mite  to  the  enlargement  of  the 
powers  of  the  Federal  Government  one  hair's  breadth  be- 
yond the  limits  of  the  Constitution.  I  have  long  believed, 
and  that  belief  is  constantly  confirmed  by  passing  events, 
that  the  consolidating  tendency  of  the  Federal  Govern- 
ment is  the  great  rock  upon  which  our  glorious  union  of 
states  will  be  sundered  to  fragments.  In  attending  to  the 
business  and  debates  of  this  Congress,  an  ample  oppor- 
tunity was  afforded  me  to  listen  to  many  of  the  ablest 
parliamentary  debates  which  have  ever  taken  place  in  this, 
or  any  other  country.  Here  the  intellectual  power  and 
oratorical  ability  of  the  greatest  men  might  be  daily  com- 
pared and  contrasted.  Here  for  the  first  time,  and  they 
in  all  the  glory  and  bloom  of  manhood,  I  witnessed  some 
of  the  greatest  speaking  efforts  of  Clay,  Calhoun,  Web- 
ster, Randolph,  Pinkney,  Lowndes,  Sergeant,  Forsyth, 
Hopkinson,  Barbour,  Sheffev,  Gaston.  Grosvenor,  Hub- 
bard, Mills,  &c.,  &c.,  &c. 

This  first  Congress  in  which  I  ever  served  broke  the 
scales  and  opened  the  book  in  which  is  recorded  the  act- 
ings and  doings  of  statesmen,  politicians,  and  partisans  r 
and  although  I  have  read  much  and  studied  more,  on  the 
subjects  therein  revealed,  I  have  long  since  despaired  of 
ever  reaching  to  the  end  of  the  chapter.  Man  is  man  ; 
and  with  all  the  ennobling  endowments  which  fall  to  the 
lot  of  those  who  are  the  most  highly  favored,  yet  we  be- 
hold a  compound  of  good  and  evil — marks  of  depravity, 
like  dark  spots  on  the  sun,  may  at  times  be  seen  without 
the  aid  of  a  telescope.  I  beheld  in  my  countrymen  tal- 
ents, patriotism,  experience,  and  wisdom,  with  a  little 
spice  of  selfishness,  wherever  I  turned.  I  then  thought, 
and  think  still,  that  Nathaniel  Macon  was  the  wisest  and 
best  man,  in  Congress.  John  Randolph  was  the  Ishmael' 
of  the  House  —  as  independent,  and  I  believe  as  honest, 
as  Mr.  Macon,  but  not  so  prudent  or  wise.  He  cried  aloud 
and  spared  not — he  exposed  the  political  sins  of  all  the 
prominent  public  men  of  the  country — and  after  occupying; 
three  days  in  one  Congressional  speech,  he  declared  he- 
had  only  arrived  at  the  threshold  of  his  subject.  Mr.  Ran- 
dolph in  his  speeches  talked  about  everything,  and  con- 
fined himself  to  nothing  in  particular.  Yet  he  never 
failed  deeply  to  interest  his  entire  audience  from  the  be- 


26  REMOVAL  OF  THE  CHEROKEE 

ginning  to  the  end  of  his  speeches — even  when  they  were 
extended  over  three  Congressional  days.  The  appearance 
of  the  man,  his  pecuHar  shrill  voice,  his  original  manner, 
the  ease  with  which  he  commanded  the  very  word  which 
was  best  suited  to  inforce  his  idea,  his  deliberate,  thought- 
ful appearance,  his  distinct  articulation — all.  all  combined 
to  make  him  the  most  extraordinary  man  of  the  age. 

At  that  early  day  I  learned  enough  of  the  character  of 
Mr.  Calhoun's  mind  to  see  that  if  you  admitted  the  pre- 
mises which  he  laid  down,  his  powers  of  logic,  analogy 
and  condensation  were  such  as  to  make  him  whollv  irre- 
sistible ;  which  induced  me  from  that  time,  throughout  my 
long  and  intimate  acquaintance  with  him,  to  examine  fully, 
before  I  assented  to  his  premises.  He  excelled  all  other 
men  in  concentrating  and  condensing  thought.  A  perspic- 
uous speaker  and  writer,  and  yet  always  concise,  ambitious 
of  fame,  but  still  more  so  of  integrity  of  character,  and 
the  honor  and  glory  of  this  country,  Mr.  Clay's  oratory 
exercised  an  influence  over  his  audiences  unequalled  by 
all  competitors.  The  same  words  used  by  him,  if  used  by 
any  other  man,  would  have  fallen  vastly  short  of  produc- 
ing the  same  effect.  I  then  viewed  Mr.  Webster  as  the 
young  giant  of  Federal  strength,  and  time  has  proved 
that  I  was  not  mistaken.  Mr.  Lowndes  was  the  most  ac- 
complished statesman  of  his  age,  and  as  a  high-toned, 
courteous,  unassuming  gentleman,  unsurpassed.  Had  his 
life  been  spared  he  would  have  been  called  to  the  Presi- 
dency by  general  consent.  He  stood  unrivalled  in  the  con- 
fidence and  afifections  of  all. 

But  the  digression  from  my  subject  would  be  inadmissi- 
ble for  me  to  speak  of  P.  P.  Barbour,  Forsyth,  Sergeant, 
Hopkinson,  Gaston,  Grosvenor,  Pleasants,  Pinkney,  and 
scores  of  others,  whose  distinguished  abilities  won  for 
them,  more  or  les^  the  admiration  of  the  country.  The 
measures  of  this  Congress,  whether  wise  and  politic  or 
not,  certainly  acted  temporarily  as  a  charm  upon  the  coun- 
try, and  an  unparalleled  degree  of  prosperity  ensued.  In 
less  than  two  years,  every  product  of  the  country  v/as  en- 
hanced in  value,  and  our  great  Southern  staple  sold  in 
Augusta   at  upwards  of  thirty  cents  per  pound. 

But  for  one  unwise  and  indiscreet  measure,  the  acts  of 
this  Congress  would  have  received  the  general  approba- 
tion of  the  country.  I  allude  to  the  act  of  changing  the 
compensation  of  members  of  Congress  from  a  per  diem 
allowance  to  that  of  a  salarv.    It  was  at  that  time  six  dol- 


INDIANS    FROM    GEORGIA.  27 

lars  per  day,  and  was  changed  to  fifteen  hundred  dollars 
per  annum,  without  regard  to  the  number  of  days  in  act- 
ual service.  I  thought  the  principle  of  the  change  from  a 
per  diem  allowance  to  a  stated  salary  wrong,  and  there- 
fore, with  the  whole  delegation  from  Georgia,  voted 
against  it,  at  every  stage  of  its  progress.  But  it  was  passed 
by  a  small  majority,  and  became  the  law  of  the  land.  Per- 
haps no  law  which  has  ever  passed  Congress  produced  so 
general  an  excitement  throughout  the  whole  land.  Editors 
of  newspapers,  of  all  parties,  people  of  every  grade  and 
condition,  denounced  the  law.  Those  who  voted  against 
the  law,  but  received  the  compensation  under  it,  were 
even  worse  than  those  who  voted  for  it,  inasmuch 
as  they  were  the  receivers  of  stolen  goods,  &c.  This  ex- 
citement was  headed  all  over  the  United  States  by  office- 
seekers,  and  demagogues,  and  zealously  kept  up  until 
after  the  next  Congressional  election  in  all  the  states,  and 
resulted  in  an  almost  entire  change  of  members  of  Con- 
gress, throughout  the  Union.  Mr.  Forsyth  of  Georgia 
was  the  only  re-elected  member.  For  myself,  I  was  so 
conscious  of  my  innocence  in  deserving  the  slightest 
blame  in  the  matter,  I  felt  assured  that  the  people  would 
justify  my  conduct,  and  re-elect  me.  and  thereby  take  oflf 
any  reproach  which  the  excitement  had  improperly  at- 
tached to  me.  I  therefore  suffered  my  name  to  go  out  as 
a  candidate  for  re-election — remained  quietly  at  home, 
rather  disgusted  at  so  unexpected  and  undeserved  an  at- 
tack, and  treated  my  active  opponents  with  silent  con- 
tempt. The  result  of  the  election,  however,  satisfied  me 
that  error  may  temporarily  triumph  over  truth,  and  that 
vice,  as  well  as  virtue,  has  its  triumphs.  I  was  beaten  by  a 
small  vote,  but  had  a  much  higher  vote  than  any  of  my 
old  colleagues,  except  Mr.  Forsyth — and  all  the  old  dele- 
gation were  candidates,  except  Mr.  Hall. 

The  most  violent  opposition  to  my  re-election  came 
from  a  quarter  where  I  had  least  expected  it.  It  was 
from  the  intimate  personal  friends  of  the  Hon.  Wm.  H. 
Crawford,  to  whom  I  had  from  my  boyhood  been  person- 
ally and  politically  strongly  attached,  as  well  as  my  family 
relations  and  best  friends.  I  suspected  at  the  time  this 
opposition  to  me  originated  with  Mr.  Crawford  himself, 
but  in  this  I  might  have  been  mistaken,  for  I  still  have  his 
letter  written  to  me  on  the  subject,  in  which  he  says  he 
voted  for  me  himself,  and  advised  all  with  whom  he  con- 
versed on  the  subject  to  do  the  same.    My  principal  reason 


28  REMOVAL  OF  THE)  CHEROKEE 

for  suspecting  Mr.  Crawford  was  founded  on  a  piece  of 
history,  which  I  feel  it  my  duty  here  to  give.  During  the 
session  of  Congress,  upon  which  I  have  so  long  dwelt,  I 
found  from  my  intercourse  and  acquaintance  with  all  the 
public  men  of  the  country,  as  well  as  with  citizens  from 
every  quarter  of  the  Union,  attending  at  the  Capitol  on 
business — that  the  public  opinion  of  the  country,  with  un- 
paralleled unanimity,  had  concentrated  on  Mr.  Monroe  as 
the  successor  of  Mr.  Madison,  at  the  approaching  Presi- 
dential election,  which  was  to  come  ofif  in  the  fall  of  1816. 
Mr.  Monroe's  long  career  of  popular  services,  commencing 
with  the  Revolutionary  War,  and  running  through  near 
forty  years,  he  having  filled  many  of  the  most  distinguished 
and  important  oflfices  of  the  country,  both  at  home  and 
abroad,  and  especially  the  vigor  and  ability  with  which  he 
had  served  the  country,  during  the  recent  war,  then  but 
just  closed,  pre-eminently  pointed  to  him  as  the  patriot 
and  sage  of  the  country  most  entitled  to  the  next  Presi- 
dency. But  notwithstanding  all  this,  during  this  session 
of  Congress  the  managing  politicians  in  such  matters 
determined  to  hold  a  caucus,  to  be  composed  of  the  Re- 
publican members  of  both  Houses  of  Congress,  for  the 
purpose  of  nominating  a  candidate  for  the  Presidency.  As 
the  time  drew  nigh  for  the  meeting  of  the  caucus,  I  was 
perfectly  surprised  and  astonished  to  find  so  many  of  my 
political  friends  and  associates  in  favor  of  nominating  Mr. 
Crawford,  in  preference  to  Mr.  Monroe,  for  the  Presidency. 
I  told  them  I  desired  to  see  Mr.  Crawford  President  of  the 
United  States,  but  that  it  was  altogether  premature  to  put 
him  up  in  opposition  to  Mr.  Monroe,  who  was  known  to 
be  the  choice  of  the  country.  I  said  that  if  Mr.  Crawford 
was  selected  by  the  caucus,  the  people  would  overwhelm 
such  a  proceeding  with  a  voice  that  could  not  be  resisted. 
Finding  me  altogether  ungovernable  by  party  leaders  on 
the  subject,  a  distinguished  friend  from  Virginia,  the  Hon. 
W.  A.  Burwell,  divulged  to  me  the  whole  secret.  The  ob- 
ject was,  for  Mr.  Crawford  to  be  nominated  in  caucus, 
which  would  place  him  in  advance  of  all  other  aspirants  for 
the  Presidency,  as  successor  to  Mr.  Monroe.  Mr.  Craw- 
ford was  known  to  be  a  man  of  too  much  sagacity  to  allow 
his  name  to  be  run  for  the  Presidency  in  opposition  to  Mr. 
Monroe,  under  the  then  existing  state  of  public  feeling  and 
opinion,  'i'he  gentleman  named  observed  that  if  Mr. 
Crawford  could  only  get  the  caucus  nomination,  when  it 
was  communicated  to  him,  he  would  of  course    decline  the 


INDIANS    FROM    GEORGIA. 


29 


honor,  in  favor  of  Mr.  Monroe,  which  act  of  patriotism 
and  unanimity  would  place  him  far  ahead  of  Adams, 
Clay,  Calhoun,  and  all  others,  as  rivals  in  the  succession  to 
Mr.  Monroe. 

I  then  gave  it  as  my  opinion  to  all  the  gentlemen  with 
whom  I  conversed  on  this  subject,  that  the  course  they 
were  pursuing,  although  not  so  intended,  was  of  all  others 
the  best  calculated  to  destroy  Mr.  Crawford's  future  politi- 
cal prospects.  That  it  would  have  a  tendency  to  unite  and 
combine  the  influence  of  all  other  rivals  and  aspirants  for 
the  Presidency  against  Mr.  Crawford. 

He  being  thus  prominently  put  forth,  as  a  mark,  at  this 
time,  all  others  would  unite  to  put  him  down  first,  and 
then  scuffle  among  themselves  for  the  ascendency.  These 
my  opinions  were  not  withheld  from  Mr.  C,  but  freely 
and  fully  communicated  to  him  in  person,  and  he  professed 
to  concur  with  me  fully  on  every  important  point.  I  at- 
tended the  caucus  and  voted  with  an  open  ticket  for  Mr. 
Monroe,  and  he  received  the  nomination  by  a  majority  of 
a  few  votes  only  over  Mr.  Crawford.  It  has  long  since 
been  demonstrated  that  my  views  on  this  subject  were  en- 
tirely correct,  and  if  my  advice  and  wishes  had  been  fol- 
lowed, I  now  believe  that  Mr.  Crawford  would  have  been 
President  of  the  United  States  before  his  death.  But  what 
I  am  here  recording  taught  me  some  new  lessons  in  politi- 
cal tactics  which  I  shall  scarcely  forget  in  this  life.  Fail- 
ing in  a  re-election  to  Congress,  I  cherished  a  spirit  of 
submission  to  the  public  voice,  which  has  never  failed  to 
console  me  through  all  the  vicissitudes  of  political  life.  I 
felt  strong  and  confident  in  the  rectitude  of  my  whole 
conduct  in  regard  to  the  compensation  law  passed  by  Con- 
gress, and  for  which  I  had  been  rejected  by  the  people. 
Moreover,  I  did  not  entertain  the  shadow  of  a  doubt  but 
that  "the  sober,  second  thought  of  the  people"  would  re- 
verse these  decisions,  and  do  me  ample  justice.  And  it  is 
now  a  matter  of  recorded  history,  in  the  transactions  of  the 
public  affairs  of  Georgia,  that  the  whole  delegation,  my- 
self included,  who  were  thus  censured  without  a  just  cause, 
have,  from  that  time  to  this,  been  amongst  the  most  pop- 
ular men  in  the  state,  and  have  enjoyed  the  public  confi- 
dence, with  a  stability  rarely  equalled.  These  circum- 
stances connected  with  my  own  history  did  much  to  estab- 
lish and  confirm  my  faith  in  relying  on  the  people,  be- 
lieving them  not  only  capable  of  self  government ,  but  of 
wise  self  government.     For  the  want  of  correct  informa- 


30       .      REMOVAL  OF  THE  CHEROKEE 

tion,  the  people  are  often  misled,  and  commit  gross  errors. 
But  they  are  not  too  proud  to  correct  their  own  errors, 
and  when  their  interest  requires  the  correction.  The  great 
body  of  tax  paying  people  are  neither  office  holders  nor 
officeseekers,  and  will  never  be  the  willing  tools  of  selfish 
demagogues — officeholders,  and  ofificeseeker?.  When  the 
unofficial  tax  payers  see  their  error  in  regard 
to  any  public  matter,  they  promptly  to  the  right  about 
face,  and  consider  it  no  degradation  of  honor  to  change 
their  opinions  upon  proper  evidence. 

Therefore,  it  is  vain  for  any  political  trickster  to  expect 
to  retain  the  confidence  of  the  people  by  management 
and  deception.  He  who  wants  the  confidence  and  support 
of  the  people  must  serve  them,  with  honesty  and  fidelity. 
And  in  situations  of  public  trust  he  will  often  find  himself 
called  to  the  discharge  of  duties  which  he  can  see  at  the 
time  will  subject  him  to  censure,  and  distrust,  until  the 
public  can  be  informed  of  the  whole  grounds  upon  which 
he  acted.  But  in  such  cases,  let  no  man's  heart  fail  him  — 
truth  is  mighty  and  will  prevail.  After  serving  out  my 
Congressional  term  in  1817  and  1818,  I  returned  to  my 
family  and  home  in  Morgan  County,  to  which  place  I  had 
removed  my  family,  previous  to  going  on  to  Congress.  I 
had  sold  my  possessions  in  Oglethorpe  County,  and  pro- 
cured some  fine  farming  lands  in  Morgan,  with  a  renewed 
resolution  to  abandon  public  life,  and  devote  my  whole 
energies    to  my  domestic  duties,  as  a  private  citizen. 

My  first  farming  and  planting  operations  in  Morgan, 
the  year  1818,  was  attended  with  great  success — although 
a  year  of  drought,  I  made  a  fine  crop,  and  sold  it  at  very 
high  prices.  I  was  much  pleased  with  my  change  of  resi- 
dence, and  still  more  so  with  my  change  of  public  for 
pleasing  private  employment. 


CHAPTER  IV. 

Without  any  previous  notice — and  entirely  unsought 
and  unexpected  on  my  part — in  the  fall  of  1818,  President 
Monroe  sent  me  through  the  Post  Office  a  commission 
and  instructions,  as  United  States  Commissioner,  to  run 
out  and  superintend  the  designating  of  the  treaty  lines  of 
the  Treaty  made  with  the  Creek  Indians,  at  the  Creek 
Agency  on  Flint  River,  in  January  of  that  year.  With  re- 
luctance to  leave  my  domestic  affairs,  after  due  considera- 
tion, I  determined  to  accept  the  appointment,  and  imme- 
diately proceeded  to  make  the  necessary  preparations. 
Having  first  to  notify  the  Executive  of  Georgia,  as  well  as 
the  Creek  Agent,  of  my  appointment,  and  request  the 
proper  authorities  to  appoint  their  respective  Commission- 
ers to  attend  me,  in  designating  and  marking  the  lines  ac- 
cording to  the  Treaty — after  having  accomplished  this 
business,  and  reported  the  same  to  Washington — I  was 
gratified  by  being  highly  complimented  by  the  Secretary  of 
War,  for  the  ability  and  economy  with  which  I  had  dis- 
charged the  troublesome  duties  committed  to  my  charge. 
I  was  liberally  compensated  for  the  discharge  of  those 
duties  ;  besides  I  had  the  satisfaction  of  gaining  a  great 
deal  of  useful  knowledge  and  information  connected  with 
the  Indian  character  and  our  relations  with  the  Indian 
tribes  generally.  Although  I  had  seen  and  known  some- 
thing of  Indians  and  Indian  character  from  early  boyhood, 
yet  I  may  consider  this  my  first  regular  schooling,  in 
relation  to  and  study  of  our  Indian  relations,  and  the 
policies  of  the  states  and  the  United  States  towards  them. 
And  at  that  time  I  had  no  presentiment  of  the  time  and 
labor  I  was  destined  to  spend  in  connection  with  the 
affairs  of  this  aboriginal  race.  From  that  time  forward 
they  became  a  more  interesting  object  of  my  solicitude. 

In  Februarv.  1819,  a  Treaty  was  entered  into  at  Wash- 
ington, between  J.  C.  Calhoun,  Secretary  of  War.  and  the 
Cherokee  Indians,  by  which  a  considerable  acquisition  of 
land  was  obtained,  and  I  was  again  commissioned,  and  dis- 
charged the  duties  of  Commissioner,  as  herein  suggested 
and  pointed  out,  in  regard  to  the  Creek  Treaty,  and  this 
was  my  second  lesson,  with  a  different  tribe  of  Indians,  in 


32  REMOVAL  OF  THE  CHEROKEE 

regard  to  our  Indian  relations.  Toward  the  close  of  this 
year,  all  my  earthly  plans  were  revolutionized  by  the 
death  of  my  beloved  wife.  If  I  were  to  make  the  attempt 
to  exhibit  to  others  my  reflections  and  the  state  of  mind 
for  months  after  the  death  of  my  wife,  it  would  be  a  fail- 
ure. I  feel  that  it  was  a  portion  of  the  past  too  sacred 
and  afflictive  for  me  to  dwell  upon.  Suffice  it  to  say  that 
about  one  year  after  the  death  of  my  wife  I  felt  that 
some  change  in  my  daily  avocations  had  become  neces- 
sary to  my  mind  and  body,  to  my  usefulness  to  my  fam- 
ily, as  well  as  to  society.  Under  this  pressure,  I  yielded  to 
the  desire  of  the  people  of  Morgan  County,  and  was  again 
elected  a  member  of  the  Legislature  of  Georgia.  This 
service  in  the  Legislature  extended  my  acquaintance  to 
the  new  men  of  Georgia  who  had  entered  on  public  life 
since  my  last  association  with  that  body.  Moreover,  I  dis- 
covered a  strong  disposition,  on  the  part  of  most  of  the 
then  leading  men  of  Georgia  to  see  me  in  a  more  extended 
and  conspicuous  sphere  of  public  service.  But  I  am  mis- 
taken, if  my  own  private  feelings  and  desires  were  not  all 
averse  to  mingling  with  the  strifes  of  political  life.  The 
leading  men  of  what  was  then  called  the  Clark  party  were 
particularly  kind  and  courteous  to  me,  and  some  of  them 
occasionally  ventured  to  express  their  feelings  of  dis- 
pleasure at  my  being  left  out  of  Congress,  by  the  extra- 
ordinary exertions  of  the  leading  men  of  what  was  called 
the  Crawford  party,  Gen'l  Clark,  who  was  then  Governor 
of  Georgia,  was  exceedingly  courteous,  respectful  and 
friendly  to  me ;  which  in  some  few  instances  caused  mem- 
l3ers  of  the  other  party  to  manifest  some  want  of  cordiality 
towards  me.  Up  to  this  time,  our  state  parties  in  politics 
liad  not  been  defined  by  a  division  on  principles.  All 
parties  in  Georgia  claimed  to  belong  to  the  great  Repub- 
lican party  of  the  Union.  By  this  time  I  had  sufficient  ex- 
perience, and  knowledge  of  the  political  history  of  parties, 
and  had  studied,  and  heard  discussed,  by  the  ablest  men  of 
the  country,  the  true  meaning  of  every  controverted  article 
of  the  Federal  Constitution,  so  far  as  to  have  settled  down 
firmly  and  immovably  in  the  doctrines  of  Jefiferson  and 
Madison,  as  laid  down  in  the  Virginia  and  Kentucky  reso- 
lutions of  1798  and  '9.  Moreover,  I  was  now  able  to  dis- 
cover, that  although  we  had  no  Federal  party  in  Georgia, 
that  we  had  many  more  Federalists  than  I  had  heretofore 
supposed.  And  further,  that  while  these  Federalists,  of  the 
old     Hamiltonian    stamp,   were     dispersed    and    scattered 


INDIANS    FROM    GEORGIA.  33 

amongst  both  parties,  yet  the  majority  of  them  were  in  the 
Clark  ranks.  This  last  fact  I  regretted,  because  my  per- 
sonal attachments  were  every  day  becoming  stronger  for 
this  party.  They  were  my  most  devoted  friends,  and  were 
more  congenial  to  my  Democratic  feelings  than  the  other 
party,  who  embraced  the  largest  share  of  the  aristocracy 
of  wealth.  I  was  not  however  entirely  satisfied  with  the 
political  complexion  of  either  of  these  state  parties,  and 
after  the  close  of  this  session  returned  to  my  family,  in- 
tending to  remain  in  private  life.  But  it  was  only  a  few 
months  before  I  received  a  commission  from  the  President 
of  the  United  States,  authorizing  me  to  superintend  the 
designating  and  marking  the  treaty  lines  of  the  Treaty 
with  the  Creek  Indians,  entered  into  at  the  Indian  Springs, 
in  January,  1821,  and  to  lay  out  the  Indian  reservations, 
therein  provided  for.  About  the  same  time  the  Governor 
issued  his  proclamation,  convening  an  extra  session  of  the 
Legislature  for  the  purpose  of  providing  for  the  survey 
and  distributions  of  the  lands  embraced  in  the  Treaty  re- 
ferred to.  And  thus  it  became  necessary  for  me  promptly 
to  resign  my  seat  in  the  Legislature,  or  to  decline  the  ac- 
ceptance of  the  ollfice  of  L'nited  States  Commissioner  just 
tendered  to  me.  Under  all  the  circumstances  I  considered 
it  my  duty  to  resign  my  seat  in  the  Legislature,  and  acted 
accordingly,  and  proceeded  immediately  to  the  discharge 
of  my  duties,  under  my  late  commission  from  Washington, 
and  in  due  time  accomplished  my  work  to  the  entire  satis- 
faction of  the  Government,  as  will  appear  by  the  official 
correspondence  of  the  War  Department,  which  I  have  still 
preserved. 

This  was  an  interesting  and  rather  hazardous  mission, 
but  I  do  not  consider  it  of  sufficient  importance  to  enter 
upon  its  details.  Although  I  have  advanced  something  be- 
yond the  proper  place,  I  deem  it  proper,  in  connection  with 
my  public  labors  herein  referred  to,  to  state,  that  on  the 
9th  of  Oct.,  1818,  I  received  a  commission,  authorizing  me 
to  run  out  and  plainly  mark  the  line  dividing  Georgia  and 
Florida,  but  after  I  had  proceeded  to  some  extent  in  my 
preparations  to  perform  that  duty,  I  was  instructed  to  sus- 
pend my  operations,  on  account  of  the  apprehended  dan- 
ger of  hostile  Indians ;  and  various  causes  intervened  to 
prevent  my  ever  being  instructed  to  discharge  that  duty 
afterwards.  The  circumstances  of  that  duty,  however, 
having  been  assigned  me,  and  the  instructions  which  ac- 
companied my  commission,  caused  me  thoroughly  to  in- 


34  REMOVAL  OF  THE  CHEROKEE 

vestigate   the   subject   of   that   controverted  line,   and   has 
made  it  a  famiHar  subject  with  me  ever  since. 

And  I  think  to  the  present  day  it  is  a  matter  of  some 
surprise,  that  such  a  controversy  should  still  remain  sus- 
pended, and  unsettled. 

In  this  connection,  I  deem  it  proper  further  to  state  that 
I  had  so  performed  the  various  duties  heretofore  assigned 
me  as  United  States  Commissioner  as  to  induce  the  then 
administration  of  the  Federal  Government  to  desire  to 
continue  my  services  in  connection  with  the  Government 
in  some  situation  suited  to  my  supposed  qualifications. 
Therefore,  upon  the  acquisition  of  Florida  from  Spain,  I 
was  informed  from  an  official  source  in  Washington,  that 
in  the  organization  of  a  Territorial  Government  for  Flor- 
ida I  could  have  any  office  in  the  gift  of  the  Executive  of 
the  United  States,  and  was  requested  to  consider  the  sub- 
ject, and  to  communicate  to  Washington  the  result  of  my 
reflections  on  the  subject. 

This  circumstance  led  me  to  leave  home  on  the  13th  of 
April,  1818,  for  the  purpose  of  examining  portions  of  Flor- 
ida, more  especially  Pensacola,  which  I  had  been  induced 
to  believe  possessed  such  extraordinary  advantages,  as  a 
seaport,  that  it  would  not  only  become  a  commercial 
rival  of  Mobile  but  of  New  Orleans  also.  I  took  my  tour, 
examined  portions  of  Florida,  especially  Pensacola,  con- 
sidered the  whole  subject,  and  resolved  not  to  leave  Geor- 
gia. 

But  to  return  from  this  digression  to  the  regular  chain 
of  my  narrative,  up  to  the  close  of  the  year  1821.  It  is 
proper  to  state  that  I  had  now  married  my  second  wife, 
and  I  will  here  add  we  have  had  three  sons  and  one  daugh- 
ter. Two  of  the  sons  are  numbered  with  the  dead, 
and  one  son  and  the  daughter  still  survive,  as 
well  as  their  mother.  This  change  in  my  domestic  affairs, 
and  the  particular  situation  of  my  family,  rendered  it  im- 
perative on  me,  as  I  then  conceived,  to  leave  public  alTairs 
to  the  guidance  of  others,  and  to  devote  my  best  energies 
to  the  interest  of  my  family  and  such  social  and  citizen 
duties  as  devolve  on  men  in  private  life.  And  to  this  plan, 
deliberately  formed.  I  spent  several  years  with  great  suc- 
cess as  a  farmer,  or  planter,  with  good  land,  and  the  neces- 
sary labor  and  other  appurtenances,  with  one  important 
exception — which  was  the  want  of  health  in  my  family. 
We  were  annually  and  seriously  afflicted  with  bilious  fev- 
ers, and  chronic  diseases  produced  from  their  effects.    Our 


INDIANS    FROM    GEORGIA. 


35 


afflictions  were  caused  no  doubt  from  our  particular  loca- 
tion— rich  lands,  with  extensive  swamps  in  the  neighbor- 
hood, the  whole  neighborhood  of  rich  lands  having  been 
cut  down,  and  brought  under  cultivation,  in  the  short  space 
of  a  few  years.  This  was  the  only  place  that  I  ever  en- 
joyed the  pleasure  and  advantages  of  cultivating  a  soil,  as 
rich  and  fertile  as  I  desired  ;  and  but  for  the  afflictions 
suffered  in  my  family  and  person,  I  never  should  have  left, 
for  I  was  pleased  and  content  with  the  society  and  situ- 
ation, as  well  as  the  soil. 


CHAPTER  V. 

From  the  close  of  the  year  182 1  to  the  commencement 
of  the  year  1824,  I  had  taken  no  active  part  in  the  poli- 
tics of  the  country,  although  I  had  kept  myself  fully  in- 
formed of  all  the  passing  political  events  of  the  country, 
both  by  reading  and  some  correspondence.  The  contest 
nov/  became  warm  and  exciting,  upon  the  approaching 
Presidential  election,  who  should  be  the  successor  of  Mr. 
Monroe.  Among  the  many  aspirants,  Mr.  Monroe,  at  his 
second  election  to  the  Presidency,  had  been  elected  with- 
out opposition,  and  parties  had  to  a  considerable  extent 
amalgamated. 

It  was  called  the  era  of  good  feeling,  and  Mr.  Monroe 
had  treated  many  distinguished  men  of  the  old  Federal 
party  with  distinguished  marks  of  kindness  and  confi- 
dence. This  new  state  of  things,  I  then  thought,  and  still 
think,  had  to  a  considerable  extent  influenced  some  of 
the  measures  of  his  administration  into  what  may  be 
termed  a  departure  from  the  doctrines  of  the  Republican 
party,  in  the  days  of  Jefiferson.  The  candidates  for  the 
Presidency  finally  settled  down  upon  Gen'l  Jackson,  J.  Q. 
Adam.-,,  Wm.  H.  Crawford,  and  Henry  Gay.  I  well 
knew  that  Mr.  Crawford  would  receive  the  vote  of  Geor- 
gia, by  an  overwhelming  majority.  But  I  well  knew  at  the 
same  time  that  the  then  state  of  Mr.  Crawford's  health 
wholly  disqualified  him  from  being  able  to  discharge  the 
duties  of  that  high  office.  Moreover,  I  was  well  advised 
that  the  state  of  his  health,  if  nothing  else,  would  prevent 
the  possibility  of  his  being  elected.  And  further,  I  was 
fully  satisfied  that  the  vote  which  would  be  thrown  away 
on  Mr.  Crawford  would  prevent  an  election  by  the  people, 
or  their  electors.  I  felt  confident,  that  if  Mr.  C.'s  name 
could  be  withdrawn  from  the  contest,  that  Gen'l  Jackson 
would  be  elected  by  the  people. 

At  the  beginning  of  the  year  1824,  I  apprehended  the 
result  which  actually  took  place  in  the  election  of  Mr. 
Adams  to  the  Presidency,  by  the  House  of  Representa- 
tives, when  Gen'l  Jackson  was  known  to  be  the  choice  of 
the  people  by  a  very  large  majority.  Under  these  circum- 
stances, I  exerted  all  the  influence  I  possessed  in  favor  of 

(36) 


INDIANS    FROM    GEORGIA. 


37 


Gen'l  Jackson's  election,  and  was  a  candidate  on  the 
Jackson  Electoral  ticket,  before  the  Legislature,  who  then 
elected  the  Electors  in  Georgia.  I  received  45  votes,  Mr. 
Crawford's  Electors  90.  Therefore  my  minority  was  one- 
third  of  the  state,  with  which  I  was  well  satisfied ;  under 
the  conviction  that  I  was  right,  and  that  it  would  be  ad- 
mitted everywhere,  at  no  distant  day.  This  contest  identi- 
fied me  more  fully  with  the  Clark  party — who  acted  with 
me  in  the  support  of  Gen'l  Jackson — both  parties  still 
claiming  for  themselves  the  title  of  True  Republican 
Party,  as  Jackson  and  Crawford  had  both  been  long  iden- 
tified with  that  party.  In  the  following  year,  1825,  the 
Legislature  of  Georgia,  a  majority  of  whom  were  Craw- 
ford, or  at  this  time  more  commonly  called  Troup  men, 
passed  a  law  creating  a  board  of  public  works,  with  a  view 
of  entering  on  a  systematic  plan  of  public  works,  by  the 
improvement  of  our  river  navigation,  and  the  construction 
of  canals,  or  railroads,  as  might  be  thought  most  advisa- 
ble, upon  due  investigation,  and  scientific  examination. 
This  Board  consisted  of  six  members,  who  were  elected 
by  the  Legislature, 

The  Governor  was  made  Ex-Ofificio  President  of  the 
Board,  and  entitled  to  a  voice  in  all  matters  which  might 
come  before  the  Board.  The  Governor  was  authorized  to 
select  and  appoint  a  competent  State  Engineer,  with  a 
salary  of  $5,000.  The  Board  were  directed  immediately 
after  their  organization  to  elect  one  of  their  number  to 
accompany  the  Chief  Engineer  in  making  a  reconnoissance 
of  the  state,  with  a  view  to  the  improvements  contem- 
plated, and  upon  this  individual  member  devolved  not  only 
the  duty  of  accompanying  the  Engineer,  but  the  procuring 
of  the  necessary  laborers,  as  chainmen,  choppers,  &c.,  to- 
gether with  tents,  subsistence,  &c. ;  consequently  the  re- 
sponsibility of  the  whole  of  the  financial  disbursements 
and  the  comfort  of  all  concerned,  to  a  great  degree,  de- 
pended on  this  member.  The  political  party  with  which 
I  was  acting,  although  in  a  decided  minority,  were  hon- 
ored by  this  Legislature  by  election  of  three  members  in 
that  Board.  The  Governor  being  President  of  the  Board, 
gave  the  contract,  as  he  should  have  done,  to  the  dominant 
party.  I  was  one  of  the  individuals  elected  as  a  member 
of  this  Board,  and  upon  its  organization,  without  ever 
having  exchanged  a  word  with  any  person  whatever  on 
the  subject,  upon  balloting  for  the  individual  member  who 
should  accompany  the  State  Engineer,  &c.,  to  my  surprise. 


38  REMOVAL  OF  THE  CHEROKEE 

I  received  six  votes  out  of  seven — everyone  except  my 
own,  which  was  cast  for  another  "-entleman.  I  felt  the  full 
force  of  the  confidence  reposed  in  me,  from  a  source  so 
highly  respectable,  as  well  as  the  g-reat  responsibility 
thus  suddenly  and  unexpectedly  placed  upon  me.  But 
however  weighty  I  felt  the  task  to  be,  I  did  not  shrink  from 
its  undertaking — unprepared  as  I  might  be,  I  resolved  to 
try  what  I  could  do.  I  conferred  freely  with  the  other 
gentlemen  of  the  Board,  as  well  as  with  the  Governor,  on 
every  subject  which  then  occurred  to  me  in  connection 
witli  the  duties  which  lay  before  me,  and  gratefully  re- 
ceived the  kind  advice  and  instructions  of  the  Governor. 
Although  Governor  Troup  and  myself  had  sometimes  dif- 
fered in  regard  to  both  men  and  measures,  I  have  always 
esteemed  him  as  a  patriot  and  statesman  of  the  highest 
order.  And  this  intimate  connection  with  him  in  public 
matters  of  great  importance  to  the  State,  from  first  to  last, 
did  but  confirm  my  favorable  opinion  of  his  stern  integ- 
rity and  high  intellectual  ability.  I  deem  it  unnecessary 
for  me  to  enter  upon  the  details  of  my  discharge  of  this 
important  duty,  but  will  mention  that  while  thus  engaged 
in  the  Indian  country  (now  Cherokee,  Georgia),  under  the 
instructions  of  Governor  Troup,  I  visited  most  of  the 
leading  men  of  the  Cherokee  people,  with  a  view  of  induc- 
ing and  preparing  their  minds,  as  far  as  practicable,  for  an 
entire  removal  from  the  limits  of  Georgia,  to  the  west  of 
the  Mississippi.  And  although  they  were  at  that  time 
very  generally  averse  to  leaving  Georgia,  I  have  long 
since  seen  the  benefits  which  resulted  from  my  intercourse 
with  these  Lherokees  at  that  time.  I  had  for  many  years 
felt  a  deep  interest  in  what  was  to  be  the  ultimate  fate  of 
these  people,  and  this  intercourse  deepened  my  interest 
and  solicitude  for  their  welfare,  and  fixed  upon  my  mind, 
in  an  abiding  manner,  the  devising  of  some  practical  plan 
for  their  removal,  as  I  was  well  aware  that  no  permanent 
prosperity  awaited  them  while  they  remained  in  their 
present  location.  In  the  course  of  this  year  I  made  the 
acquaintance,  and  spent  some  time  at  the  houses,  of 
Charles  Hicks,  then  principal  chief,  the  Rosses,  the  Vanns, 
the  Ridges  and  Boudinot,  the  Adairs,  the  Rod- 
gerses,  the  McNairs,  &c.,  ^c.  In  the  course  of  my  labors 
in  this  part  of  the  country  I  received  a  letter  from  Gov- 
ernor Troup  which  is  still  preserved,  and  although  so 
highly  complimentary  to  myself,  I  feel  that  delicacy  does 
not  forbid,  my  giving  a  short  extract. 


INDIANS    FROM    GEORGIA. 


39 


The  letter  invites  me,  if  my  strength  and  other  duties 
will  allow,  to  repair  to  the  point  where  the  Commissioners 
were  then  engaged  in  running  out  the  line  between  Geor- 
gia and  Alabama,  and  render  them  all  the  aid  in  my 
power,  and  in  the  close  of  the  letter  he  says — ''My  apology 
for  proposing  thus  to  add  to  your  labors,  already  great, 
is,  that  I  know  that  wherever  you  are,  you  will  be  use- 
ful." But  anxious  as  I  was  to  obey  this  call,  other  duties 
that  could  not  be  dispensed  with  utterly  forbid  my  joining 
the  Commissioners  as  requested.  But  to  return  to  the  sub- 
ject of  my  more  immediate  duties  connected  with  the 
Board  of  Internal  Improvements.  My  acquaintance  with 
Mr.  Fulton,  the  gentleman  selected  as  Chief  Engineer  of 
the  State,  afforded  me  an  interesting  opportunity  of  gain- 
ing much  useful  information  on  the  subject  in  which  I  had 
now  embarked.  He  was  a  Scotchman  by  birth  and  educa- 
tion, though  he  had  spent  most  of  his  life,  (till  past  the 
meridian)  in  England.  He  had  been  but  a  short  time  in 
this  country,  and  was  rather  aristocratic  in  his  feelings, 
and  austere  in  his  manners — he  had  but  little  of  the  suavity 
of  our  Democratic  iiobles.  However  he  had  seen  more, 
read  more,  and  knew  more,  upon  all  the  subjects  apper- 
taining to  his  office  than  the  Governor  and  all  the  Board 
put  together,  I  soon  discovered  that  he  had  found  out 
we  were  all  novices  on  the  subject  of  our  immediate  enter- 
prise. However,  he  knew  we  were  capable  of  scrutinizing 
his  conduct,  and  could  not  very  readily  be  imposed  upon. 
I  endeavored  to  draw  from  him  all  the  information  I 
could,  and  my  child-like,  unassuming  manner  of  doing  it 
was  flattering  to  his  vanity,  and  soon  placed  me  pretty 
much  in  the  character  of  a  learner  or  pupil,  and  gave  me 
free  access  to  what  reading  he  had  on  the  subject,  as  well 
as  free  answers  to  all  my  numerous  inquiries. 

Although  the  day  of  rail  roads  was  in  the  embryo  state 
at  this  time,  the  subject  had  produced  a  spirit  of  inquiry, 
both  in  England  and  this  country,  and  although  but  a 
few  miles  of  rail  road  were  then  known  to  the  world  and 
those  destitute  of  iron,  or  steam  engine — constructed  of 
wood,  and  propelled  by  animal  force — yet  I  at  that  time, 
after  full  investigation  of  the  subject,  became  fully  satis- 
fied that  even  wooden  rail  roads,  with  mule  and  horse 
power,  should  be  preferred  to  any  canal  which  could  be 
constructed  in  middle  and  upper  Georgia.  After  laborious 
and  instrumental  examination  of  the  country,  from  Mill- 
edgeville  to  Chattanooga,  it  was  the  opinion  of  Mr.  Fulton 


40  REMOVAL  OF  THE  CHEROKEE 

and  myself  that  a  rail  road  could  be  located  to  advan- 
tage between  the  two  points  above  named,  but  that  a 
canal  was  impracticable.  It  is  a  very  remarkable  fact  too, 
that  the  route  selected  by  Mr.  Fulton  and  myself,  a  lars^e 
portion  of  it  then  in  an  Indian  Country,  and  but  little 
known  to  civilized  men,  should  in  its  whole  distance  have 
varied  so  slightly  from  the  location  of  our  present  rail 
roads  now  in  operation.  It  proves  that  our  examinations 
were  faithful,  and  our  judgments  have  been  sustained  by 
all  the  qualified  persons  who  have  come  after  us.  My  opin- 
ions were  communicated  to  Governor  Troup  at  this  time, 
and  will  sustain  my  foregoing  statements  on  this  subject. 
From  that  time  to  this  I  have  looked  to  rail  roads  as 
the  great  and  leading  work  to  promote  the  best  interest 
of  the  country,  and  have  upon  all  fit  occasions,  whether  in 
private  or  public  life,  contributed  my  best  aid  to  the  pro- 
motion of  the  rail  road  cause.  This  year's  labor  in  the 
public  service  induced  me  to  believe,  that  if  I  had  a  seat  in 
Congress  I  could  efifect  something  exceedingly  im- 
portant, not  onlv  to  Georgia,  but  to  the  whole  Union,  on 
the  subject  of  the  Indian  policy  of  the  United  States.  I 
was  rather  impressed  with  the  belief  that  it  was  my  par- 
ticular mission,  instrumentally,  to  do  something  to  relieve 
Georgia  from  the  incumbrance  of  her  Indian  population, 
and  at  the  same  time  benefit  the  Indians.  Under  these  cir- 
cumstances, in  the  fall  of  1826  I  became  a  candidate  for 
Congress,  and  was  elected  in  October,  as  a  Representative 
from  Georgia,  to  a  seat  in  the  20th  Congress  of  the  United 
States.  I  endeavored  to  make  the  best  use  of  the  interven- 
ing year  between  my  election  and  entering  on  my  official 
duties  at  Washington.  I  reviewed  all  that  I  had  read  and 
known,  connected  with  the  history  of  Georgia,  as  well  as 
the  Federal  Government.  I  studied  as  far  as  I  had  the 
means  the  vprious  subjects  of  general  interest  which  I 
v.'as  apprised  must  necessarily  engross  my  attention  as  a 
member  of  the  approaching  Congress.  And  to  use  a  com- 
mercial term,  I  was  well  posted  on  every  item  connected 
with  our  Indian  relations.  As  well  as  I  could,  I  arranged 
my  private  and  home  afit'airs,  preparatory  to  entering 
upon  my  Congressional  duties. 

Before,  however,  I  enter  upon  what  transpired  at  Wash- 
ington during  the  first  session  of  the  20th  Congress,  it  Is 
necessary  for  me  to  advert  to  the  then  existing  political 
complexion  of  the  country  in  Georgia,  as  well  as  the 
Union.     The  reader  will  recollect    that  in  the  Presidential 


INDIANS    FROM    GEORGIA.  4t 

contest  for  the  successor  to  Mr.  Monroe  I  not  only 
supported  Gen'l  Jackson  in  opposition  to  Mr.  Crawford, 
but  that  I  was  a  candidate  on  the  Jackson  Electoral  ticket, 
and  received  only  one-third  of  the  votes  of  the  state,  on 
that  ticket,  and  that  the  Crawford  Electors  received,  two- 
thirds  of  the  votes  of  the  State.  But  now,  at  the  close  of 
the  year  1827,  we  find  Georgia  almost  unanimous  in  the 
support  of  Jackson  for  the  next  President,  precisely 
where  I  was  two  years  previously,  and  I  was  now  ap- 
plauded for  what  I  had  then  been  condemned.  The  only 
annoyance  which  I  felt  touching  this  change  of  public  sen- 
timent was  to  be  found  in  the  fact  that  some  of  the  ofifice- 
seeking  leaders  of  the  old  Crawford  party  were  not  con- 
tent with  being  received  as  equals  into  the  Jackson  ranks, 
and  immediately  aspired  to  the  leadership  of  the  old  origi- 
nal panel  of  the  Jackson  party.  Indeed  some  of  the  most 
violent  defamers  of  Gen'l  Jackson  heretofore,  seemed,  nov/ 
that  the  mind  had  changed,  to  consider  themselves  the 
original  and  best  Jackson  men  of  the  country,  and  upon 
all  occasions  were  endenvoring  to  thrust  themselves  be- 
tween Jackson  and  his  old  friends  who  had  borne  the  heat 
and  burthen  of  the  day. 

Such  conduct  made  me  feel  sometimes,  "Lord,  what  is 
man  that  thou  art  mindful  of  him  ?"  But  it  is  due  to  these 
men  that  the  apology  for  their  change  should  be  fairly 
given.  Although  they  had  contributed  largely,  but  indi- 
rectly, to  the  election  of  John  Q.  Adams  to  the  Presidency, 
and  thereby  effected  the  defeat  of  Gen'l  Jackson,  upon 
trial  they  soon  discovered  that  the  administration  of  Mr. 
Adams  would  not  be  sustained  in  Georgia.  Mr.  Adams,  at 
every  step  of  his  administration,  from  his  inaugural  to  his 
farewell  address,  proved  himself  to  be  a  genuine  Federal- 
ist of  the  old  school,  his  father's  own  legitimate  son,  a 
man  "not  to  be  palsied,  by  the  will  of  his  constituents,"  a 
consolidationalist  at  heart — holding  in  contempt  the  rights 
and  sovereignty  of  the  states.  But  for  the  want  of  nerve, 
he  was  ready  to  carry  out  the  doctrine  of  force — brute 
force  —  on  the  sovereign  States.  His  controversy  with 
Governor  Troup,  of  Georgia,  upon  the  subject  of  the  In- 
dian Springs  Creek  Treaty,  and  the  transactions  growing 
out  of  that  Treaty,  had  rendered  Mr.  Adams  peculiarly  ob- 
noxious to  the  people  of  Georgia,  for  no  true  hearted 
Georgian,  not  blinded  by  prejudice,  whatever  might  have 
been  his  former  political  associations,  could  fail  to  sym- 
pathize with  Governor  Troup  in  this  controversy.     He  was 


42  REMOVAL  OF  THE  CHEROKEE 

contending-  for  the  sovereign  constitutional  rights  of  the 
states,  against  Federal  usurpation.  And  he  contended  for 
these  rights  with  an  unwavering  ability  and  integrity 
altogether  Roman.  After  the  argument  was  exhausted,  in 
this  controversy,  Governor  Troup  resolved  that  Georgia 
"would  stand  by  her  arms"  rather  than  yield  to  oppression. 
Let  it  be  recorded  "that  Georgia  did."  If  this  Roman  spirit 
had  been  maintained  in  Georgia,  up  to  the  present  day, 
no  fears  of  the  perpetuity  of  our  Federal  union  would  now 
harrass  the  timid  imaginations  of  compromising  sub- 
mission politicians  and  office-seekers.  Public  men  would 
not  dare  to  yield  the  birth  rights  of  the  people,  and  say  it 
was  the  best  we  could  get.  No,  our  controversies  should 
be  settled  on  the  principles  of  Troup  and  Jackson — ask  for 
nothing  but  what  is  right,  and  submit  to  nothing  wrong. 

Previous  to  going  on  to  Congress  in  1827,  I  had  fully 
matured  my  own  plan  of  operation  in  regard  to  our  Indian 
relations.  Our  state  controversy  connected  with  the  Creek 
Indians  had  now  terminated,  by  the  entire  acquisition  of 
the  whole  of  the  Creek  lands  within  the  limits  of  the  State, 
and  a  final  adjustment  of  the  subject  of  all  the  conflicts 
with  the  Federal  Government.  But  the  state  of  afifairs 
was  far  different,  in  regard  to  the  Cherokees,  who  still 
occupied  the  whole  of  the  northwestern  part  of  Georgia, 
which  is  still  known  as  Cherokee,  Ga.,  embrac- 
ing some  five  or  six  millions  of  acres  of  the  best 
lands  within  the  limits  of  the  State.  This  state  of  things 
rendered  it  obvious  to  all  well  informed  discerning  men, 
that  the  resources  of  Georgia  could  never  be  extensively 
developed  by  a  well  devised  system  of  internal  improve- 
ments,  and  commercial  and  social  intercourse  with  other 
portions  of  the  Union,  especially  the  great  West,  until  this 
portion  of  the  state  was  settled  by  an  industrious,  enlight- 
ened, free-hold  population — entitled  to,  and  meriting,  all 
the  privileges  of  citizenship.  Moreover,  a  portion  of  the 
Cherokee  people,  composed  mostly  of  mixed  breeds  and 
white  bloods,  had  advanced  in  all  the  various  arts  of  civili- 
zation to  an  extent  that  rendered  it  altogether  impractica- 
ble to  enforce  the  Laws  of  the  United  States  passed  by 
Congress  for  regulating  intercourse  with  Indian  Tribes 
within  the  United  States,  and  for  governing  and  restrain- 
ing such  tribes.  The  Cherokees  at  this  time  had  their 
own  written  and  printed  Constitution,  and  code  of  laws, 
by  which  they  had  declared  themselves  to  be  a  free  and  in- 
dependent state  and  people,  claiming,  at  the  same  time, 


INDIANS    FROM    GEORGIA.  43 

the  guarantees,  illegally  and  imprudently  made  to  them 
by  treaty  stipulations  on  the  part  of  the  United  States,  to 
protect  them  in  the  peaceable  and  quiet  possession  of  the 
country  now  occupied  by  them,  to  them  and  their  heirs 
forever.  By  this  state  of  things,  the  Cherokees  claimed 
the  right  to  govern  themselves  independently  of  all  other 
governments  whatsoever.  The  government  of  the  United 
States  claimed  the  right  of  enforcing  her  intercourse  laws 
for  the  government  of  the  Indian  Tribes.  And  Georgia 
had  now  extended  her  criminal  laws  and  jurisdiction  over 
all  that  portion  of  the  State  on  which  the  Cherokees  were 
still  located.  And  the  laws  of  these  three  different  govern- 
ments, intended  to  operate  and  govern  the  same  people, 
and  on  the  same  territory,  were  in  their  execution  fre- 
quently found  to  be  in  conflict  with  each  other,  and  the 
different  governments  liable  to  daily  collision — neither 
yielding  to  the  other  the  right  of  exclusive,  or  superior, 
jurisdiction.  The  intercourse  laws  of  the  United  States 
prohibited  any  man  from  settling  in  any  Indian  country,  or 
trading  and  traflicking  in  any  article  whatever,  with  any 
Indian,  unless,  under  a  special  permit,  or  license,  obtained 
from  the  legal  authority  of  the  United  States,  as  provided 
for  by  law.  The  Cherokee  authorities,  in  total  disregard 
of  the  authority  of  the  United  States — 

Resolved,  to  sufifer  no  man  to  settle  in  their  limits,  and 
traffic  and  trade  with  their  people,  without  first  obtaining  a 
permit  or  license  to  do  so  from  the  Cherokee  authorities. 
The  Georgia  law  extended  her  criminal  jurisdiction,  over 
her  Cherokee  Territory — 

Provided,  amongst  other  things — That  every  white  man 
residing  in  the  CheroKee  part  of  Georgia  should  take  and 
subscribe  an  oath  to  support  the  Constitution  and  laws  of 
the  State  of  Georgia ;  and  in  case  of  neglect,  or  refusal,  to 
do  so,  said  delinquent  or  delinquents  should  be  liable  to 
be  indicted  and  convicted  for  a  misdemeanor,  and  sen- 
tenced to  confinement  in  the  penitentiary  of  the  state  for 
a  term  not  exceeding  seven,  and  not  less  than  one  year. 
And  under  this  law.  seven  missionaries  were  sent  to  our 
state  prison,  and  gave  rise  to  the  persecution  and  abuse  of 
Georgia  by  Northern  fanatics — of  which  I  shall  have  occa- 
sion to  dwell  more  at  large  hereafter.  Although  I  had 
marked  out  a  course  for  myself  in  relation  to  Indian  af- 
fairs, I  felt  it  to  be  my  duty,  on  my  arrival  at  Washington, 
to  seek  a  conference  and  consultation  with  the  Georgia 
delegation,  including  the  Senators  from  the  State,  which  I 


44  REMOVAL  OF  THE  CHEROKEE 

attempted,  and  in  part  succeeded  in  doing.  But  I  had  not 
proceeded  to  the  entire  development  of  all  the  views  which 
I  entertained  on  the  subject,  before  I  very  plainly  saw  that 
my  worthy  colleagues  suspected  me  of  a  desire  to  take 
the  lead  in  a  measure  which  might  become  popular  at 
home.  They  said  my  plan,  proposing  that  Congress 
should  make  provisions  by  law,  for  procuring  a  suitable 
country  for  the  permanent  location  of  all  the  then  remain- 
ing remnants  of  the  different  tribes  of  Indians  in  all  the 
states,  would  give  some  strength  to  the  proposition,  but 
they  had  no  idea  that  the  subject  would  be  seriously  enter- 
tained at  that  time,  or  during  the  administration  of  Mr. 
Adams.  However,  some  of  them  admitted  my  attempt 
would  do  no  harm,  while  others  seemed  to  think  it  would 
produce  unnecessary  excitement.  By  this  courtesy  to- 
wards my  colleagues,  I  felt  relieved  from  the  necessity  of 
further  special  consultation,  and  therefore  determined  to 
rely  on  my  own  judgment,  and  the  help  of  the  Almighty. 
In  the  organizations  of  the  committees  of  the  House  I 
was  placed  on  the  committee  "on  Indian  Affairs,"  and  on 
the  13th  day  of  December,  1827,  introduced  the  following 
resolution :  "Resolved,  that  the  Committee  on  Indian  Af- 
fairs be  instructed  to  inquire  into  the  expediency  of  pro- 
viding, by  law,  for  the  removal  of  the  various  tribes  of  In- 
dians who  have  located  within  the  States  or  Territories  of 
the  United  States  to  some  eligible  situation,  west  of  the 
Mississippi  River,"  which  resolution  was  referred  accord- 
ingly. This  was  the  first  attempt  ever  made  by  any  mem- 
ber of  Congress  with  a  view  of  carrying  out  the  plan  of 
collecting  and  colonizing  the  various  remnants  of  Indian 
tribes  still  remaining  in  a  number  of  the  states  to  some 
suitable  location  west  of  the  Mississippi  River.  This  in- 
cipient step  was  taken  by  me  with  a  view  to  the  whole 
ground  connected  with  our  India'j  relations. 

First,  I  admit  I  had  in  view  relieving  my  own  state 
from  the  incumbrance  of  her  Indian  population,  and,  with 
her,  all  the  other  states  in  like  condition.  Secondly,  I  was 
anxious  to  better  the  condition  of  the  Indians,  by  placing 
them  beyond  the  jurisdiction  and  control  of  the  state  gov- 
ernment, and  where  the  Federal  Government  might,  un- 
molested by  state  authority,  carry  out  its  benevolent  de- 
signs of  preserving  and  civilizing  the  remnant  tribes  of  the 
original  race.  Moreover,  I  wished  to  place  the  Indians  in 
a  permanent  home,  where  the  missionary  efforts  of  all 
pious  and  good  men — Churches,  Christian  Associations — 


INDIANS    FROM    GEORGIA.  45 

might  have  a  permanent  field  of  labor,  to  carry  out  their 
good  designs  of  Christianizing  and  civilizing  a  most  inter- 
esting heathen  people.  I  even  extended  my  hopes  to  the 
day  when  the  Indian  people  might  become  an  interesting 
and  worthy  member   of  our  great  confederacy  of  states. 

I  succeeded  in  imparting  my  views  to  a  majority  of  the 
committee  to  whom  the  subject  had  been  referred,  so  far 
as  to  obtain  as  favorable  a  report  on  my  resolution  as  I 
could  have  desired,  under  all  the  circumstances,  at  that 
time. 

The  committee  recommended  the  appropriation  of 
fifteen  thousand  dollars,  to  defray  the  expenses,  and  ena- 
ble three  commissioners,  to  be  appointed  by  the  President, 
to  examine  and  explore  the  country  west  of  the  Mississ- 
ippi, and  to  ascertain  and  report,  whether  a  suitable  coun- 
try could  be  procured  for  the  purposes  set  forth  in  the 
resolution  above  referred  to.  This  report,  after  full  dis- 
cussion, and  much  opposition,  was  finally  sustained  by 
Congress,  and  full  provision  made  for  carrying  it  into  ef- 
fect. I  am  convinced  however  upon  this,  as  is  the  case 
upon  almost  every  difficult,  new  and  complicated  measure 
which  comes  before  Congress :  that  a  great  deal  more 
was  done,  by  quiet  and  unobtrusive  efforts,  in  private 
circles  and  intercourse  with  influential  individuals,  than 
was  affected  by  congressional  display,  long  and  exciting 
speeches,  &c.  I  bestowed  much  labor  in  conferring  freely, 
first,  with  my  committee,  then  with  the  members  from 
those  states  who  had  a  deep  interest  in  the  subject,  as  well 
as  my  own.  Indeed  much  of  my  time  was  spent  in  en- 
deavoring to  give  success  to  this  measure,  while  I  en- 
deavored faithfully  to  attend  to  every  duty  which  devolved 
on  me  as  a  member  of  Congress ;  and  there  were  many 
important  measures  brought  before  this  Congress. 

My  observation  and  experience  had  taught  me,  that  no 
one  member  of  Congress-  could  assume  to  take  special 
charge  of  more  than  one  important  measure  at  a  time, 
without  incurring  the  imputation  of  assuming  too  much. 
Therefore  I  often  remained  silent  upon  other  subjects, 
even  when  I  desired  to  take  an  active  part,  that  I  might 
be  more  favorably  attended  to,  on  this  Indian  subject.  If 
any  should  hereafter  take  the  trouble  to  examine  Con- 
gressional journals  and  documents,  embracing  the  time  of 
which  I  am  writing,  it  will  be  seen  that  shortly  after  I 
had  introduced  this  subject  to  the  attention  of  Congress, 
and  it  was  seen,  that  its  importance  was  attracting  much 
attention : 


46  REMOVAL  OF  THE  CHEROKEE 

That  several  other  members  of  Congress,  in  states 
deeply  interested  in  the  subject,  as  well  as  one  of  my  col- 
leagues at  least,  followed  in  my  footsteps,  and  introduced 
resolutions  embracing  the  very  matter  contained  in  my 
resolution,  and  had  them  referred  to  the  same  committee, 
which  served  to  amuse  the  committee,  as  it  gave  them  no 
additional  labor — they  were  behind  time — a  few  days  too 
late.  The  stand  I  had  taken  upon  this  subject  often 
brought  me  into  direct  personal  and  corresponding  inter- 
course with  many  of  the  best  informed  men  of  the  coun- 
try, upon  all  subjects  connected  with  our  Indian  relations. 

I  conferred  freely  with  the  officers  of  the  government 
who  had  charge  of  these  affairs  at  Washington.  Indian 
Agents  from  every  quarter  sought  my  acquaintance,  and, 
with  few  exceptions,  embraced  and  patronized  my  views, 
with  zeal  and  energy.  And  Indian  missionaries,  and  agents 
of  missionary  societies,  conferred  freely  with  me  on  the 
subject.  About  this  time,  I  made  the  acquaintance  of  that 
zealous  and  able  missionary  of  the  Cross,  the  Rev.  Isaac 
McCoy,  who  lived  and  died,  after  many  years  of  toil  and 
suffering,  zealously  engaged  in  the  work  of  Indian. civili 
zation  and  Christianization.  From  my  first  acquaintance 
with  this  good  man.  to  the  day  of  his  death,  I  found  him 
an  able  auxiliary  in  the  cause  of  Indian  reform,  &c.  The 
first  session  of  the  20th  Congress  was  brought  to  a  close 
near  the  end  of  May,  1828,  and  on  my  return  to  my  home 
and  constituents,  I  was  received  with  kind  and  approba- 
tory greetings  from  my  constituents,  wherever  I  met 
them.  There  seemed  to  be  a  general  desire  that  I  should 
continue  to  serve  them  in  the  next  Congress.  I  therefore 
became  a  candidate  for  re-election  to  the  next  Congress, 
and  at  the  October  election  following  was  again  elected 
to  Congress,  by  a  highly  flattering  vote,  and  in  Decem- 
ber following  was  at  my  post  in  Washington,  prepared  to 
enter  on  the  duties  of  the  2nd  session  of  the  20th  Con- 
gress. I  was  pleased  with  the  tenor  and  tone  of  the  Presi- 
dent's Message  on  Indian  Affairs,  as  well  as  the  report  of 
the  Secretary  of  War,  Governor  Barbour,  of  Virginia,  on  the 
same  subject.  In  every  important  particular,  these  docu- 
ments coincided  with  my  own  views,  and  sustained  the 
ground  which  I  had  occupied  at  the  previous  session.  The 
report  of  the  Commissioners  who  had  been  appointed  to 
examine  the  country  west  of  the  Mississippi  and  ascertain 
if  a  suitable  country  could  be  obtained  for  the  emigration 
of  all  the  Indians  from  the  States,  was  highlv  favorable  in 


INDIANS    FROM    GEORGIA.  47 

every  respect,  a  sufficient  and  good  country  could  be  pro- 
cured, and  on  the  most  reasonable  terms.  It  seemed  as  if 
nothing  was  wanting  but  immediate  legislation  to  con- 
summate the  views  of  the  friends  of  emigration.  But  we 
still  found  many  serious  obstacles  in  the  way  over  and 
above  the  zealous  opposition  of  our  open  and  determined 
opponents,  in  both  Houses  of  Congress.  Many  of  the 
members  of  Congress,  from  states  the  most  deeply  inter- 
ested in  the  success  of  Indian  emigration,  seemed  reluctant 
to  cast  their  weight  and  influence  into  a  policy  which  had 
originated  with  others,  and  in  bringing  about  which  they 
had  in  no  way  participated.  Although  they  dared  not  op- 
pose these  measures,  many  resolutions  were  introduced, 
and  many  inquiries  for  further  information  on  this  subject 
made,  which  were  calculated,  if  not  designed,  to  retard  and 
procrastinate  efficient  legislation  on  the  subject.  More- 
over, during  the  recess  of  Congress,  the  Northern  fanatics, 
male  and  female,  had  gone  to  work  and  gotten  up  thou- 
sands of  petitions,  signed  by  more  than  a  million,  of  men, 
women  and  children,  protesting  against  the  removal  of 
the  poor  dear  Indians,  from  the  states  where  they  were 
located,  to  the  west  of  the  Mississippi.  These  petitions 
often  denounced  my  own  beloved  Georgia  as  the  head- 
quarters of  all  that  was  vile  and  wicked  in  her  intercourse 
with  Indians ;  and  to  finish  the  picture,  in  these  petitions 
we  were  denounced  as  slaveholders.  Books  and  pam- 
phlets were  written  and  circulated  extensively,  by  North- 
ern ministers,  and  some  missionaries  of  the  Cross,  misrep- 
resenting and  perverting  every  fact  connected  with  this 
Indian  subject. 

The  more  civilized  portion  of  the  Indians,  too,  had  been 
put  to  work,  aided  by  the  noble  feed  lawyers,  to  crush  or 
stay  this  policy  of  Indian  emigration. 

This,  moreover,  was  the  short  session  of  Congress,  and 
must  necessarily  terminate  its  session  on  the  4th  of  March. 
Under  all  the  circumstances,  the  friends  of  emigration 
found  it  was  not  practicable  to  consummate  all  the  legisla- 
tion which  they  desired  during  this  session,  and  there- 
fore endeavored  to  obtain  such  legislation  as  might  here- 
after have  a  favorable  bearing  on  the  subject,  by  providins: 
everything  which  justice  and  right  demanded  in  favor  of 
the  Indians,  and  by  amending  the  intercourse  laws,  &c.  I 
was  myself  much  gratified  to  find  that  the  number  of  my 
abk  co-operators  in  this  Indian  policy  was  constantly  in- 
creasing, and  enlarging.     My  support  was  now   altogether 


48  REMOVAL  OF  THE  CHEROKEE 

a  different  thing  to  what  it  was  when  I  put  this  ball  in 
motion.  For  then,  as  was  said  by  a  certain  man,  on  a 
different  occasion,  I  stood  solitary  and  alone.  I  now  per- 
ceived that  the  Indian  subject  was  destined  to  become  the 
great  subject  of  the  day.  And  knowing  as  I  did,  that 
Gen'l  Jackson  would  be  in  the  Presidential  chair  at  the 
next  session  of  Congress,  and  that  his  general  views  coin- 
cided with  my  own  on  the  subject,  I  felt  measurably  con- 
tent to  exercise  that  degree  of  patience  which  the  circum- 
stances with  which  we  were  encompassed  seemed  to  de- 
mand. However,  no  time  was  to  be  spent  in  idleness,  nor 
did  I  spend  any  in  that  way.  I  availed  myself  of  every  op- 
portunity to  make  myself  perfectly  familiar  with  every- 
thing which  appertained  to  Indian  history  in  this  country. 
I  was  not  content  with  tracing  the  policy  which  had  been 
preserved  by  the  Federal  Government  in  relation  to  Indian 
affairs,  from  first  to  last,  but  I  examined  thoroughly  the 
policy  of  all  the  colonial  and  state  governments  towards 
the  Indians.  I  examined  the  transactions  of  the  Federal 
and  state  governments,  when  they  had  either  acted  in 
concert,  or  had  come  into  conflict,  in  relation  to  Indian 
matters.  Further,  I  read  and  examined  writers  on  the 
laws  of  nations,  to  find  all  that  I  could,  bearing  on  the 
subject,  and  carefully  examined  the  judicial  decisions  of 
our  ablest  judges,  on  all  subjects  where  Indians  were  con- 
cerned. 


CHAPTER  VI. 

During  the  recess  between  the  20th  and  21st  Congress, 
I  haa  full  time,  and  used  it  faithfully,  to  mature  my  views 
on  every  important  point  connected  with  our  Indian  rela- 
tions and  policy,  and  to  procure  all  the  detailed  informa- 
tion which  might  become  necessary  at  the  next  session  of 
Congress,  to  sustain  me  in  support  of  the  measure  which 
I  had  resolved  to  urge  upon  the  action  of  the  next  Con- 
gress, in  favor  of  Indian  emigration.  I  was  fully  apprised 
that  the  conflict  would  be  severe  and  hazardous,  but  at  the 
same  time  my  confidence  was  strong,  based  upon  the  con- 
viction that  I  was  laboring  in  the  cause  of  humanity,  and 
to  promote  the  best  interest  of  the  Indian,  as  well  as  the 
white  race.  Thus  fortified,  I  took  my  seat  in  the  21st  Con- 
gress, on  the  7th  of  December,  1829.  and  was  again  ap- 
pointed a  member  of  the  Committee  on  Indian  Affairs,  to 
which  was  referred  that  part  of  the  President's  Message, 
connected  with  Indian  affairs,  as  well  as  sundry  resolu- 
tions and  memorials  connected  with  the  same  subject. 
And  after  great  labor  and  research  on  the  part  of  a  por- 
tion of  said  committee,  in  which  I  bore  a  large  share,  on 
the  24th  of  February,  1830,  we  made  an  elaborate  report  to 
the  House,  on  the  subject  of  Indian  affairs,  through  our 
chairman  Mr.  Bell,  of  Tennessee,  accompanied  by  a  bill  to 
provide  for  the  removal  of  the  Indian  tribes  still  remain- 
ing within  any  of  the  States  and  Territories,  and  for  their 
permanent  settlement  west  of  the  River  Mississippi,  which 
bill  was  read  the  first  and  second  time,  and  committed  to  a 
Committee  of  the  whole  House  on  the  State  of  the  Union. 
And  at  the  very  threshold,  the  most  violent  opposition 
showed  itself,  to  the  views  embraced  in  the  report  of  the 
Committee.  Mr.  Buchanan,  of  Pennsylvania,  moved  the 
printing  of  io,oco  copies  of  the  report  and  Bill,  for  circu- 
lation in  the  country.  The  opposition  used  every  effort 
and  stratagem  which  the  rules  of  the  House  would  per- 
mit to  suppress  the  printing  and  extensive  circulation  of 
the  report.  But  after  taking  the  yeas  and  nays,  on  the 
various  questions  raised,  with  the  intent  of  defeating  the 
printing  and  circulation,  the  motion  of  Mr.  Buchanan  was 
sustained,  and  the  report  extensively  circulated  through- 
out the  country. 

(49) 


50  REMOVAL  OF  THE  CHEROKEE 

It  would  require  a  volume  to  give  a  fair  and  full  report 
of  all  that  transpired  during  this  session  of  Congress  in  re- 
lation to  this  subject.  I  cannot  attempt  such  a  work  as 
the  details  of  all  that  was  said  and  done,  in  and  out  of 
Congress,  either  for  or  against  the  measure,  while  it  was 
pending  before  Congress. 

Sufifice  it  to  say  the  report  of  the  committee  was  sus- 
tained by  Congress,  and  the  bill  for  the  emigration  of  the 
Indians  became  the  law  of  the  land,  against  as  powerful 
and  formidable  opposition  as  ever  has  been  overcome  in 
Congress  upon  any  great  subject  which  has  agitated  that 
body. 

Although  disposed,  from  various  considerations,  to  give 
a  pretty  full  view  of  the  part  which  I  acted  in  connection 
with  this  subject,  during  this  session  of  Congress,  I  deem 
it  best  and  most  appropriate  for  me  to  pass  over  much 
the  greatest  portion  of  my  labors,  in  and  out  of  the  halls 
of  legislation,  and  in  the  committee  rooms,  and  give 
some  of  the  remarks  and  speeches  made  by  me  on  the  floor 
of  Congress  during  the  pendencv  of  these  Indian  ques- 
tions before  that  iDody.  I  submit  them  as  reported  and 
published  at  the  time  in  the  public  journals  of  the  country ; 
and  first  I  will  go  back  to  the  report  of  the  proceedings  of 
the  House  of  Representatives,  of  February  20th,  1828. 

The  unfinished  business  of  the  bill  making  appropria- 
tions for  the  Indian  Department  was  called  up,  and  the 
question  being  on  the  motion  made  by  Mr.  Vinton,  of 
Ohio,  that  no  Southern  Indians  should  be  removed  north 
of  the  line  of  latitude  of  36  degrees  and  30  minutes,  and 
no  Northern  south  of  that  line, 

Mr.  Lumpkin  rose  and  said, 

Mr.  Chairman:  It  is  always  with  reluctance  that  I  rise 
on  this  floor,  to  submit  any  remarks  of  mine.  When  I  look 
around  and  see  the  intelligence  by  which  I  am  surrounded, 
I  cannot  have  the  vanity  to  enter  the  list  of  competitors 
for  the  eclat  or  distinction  which  will  be  awarded  to  him 
who  makes  the  greatest  display  of  words  on  this  floor. 

Nor  am  I  disposed  to  take  a  part  in  the  discussions  of 
tliis  House,  with  a  view  of  encouraging  the  manufacture 
of  congressionpl  speeches.  I  consider  that  of  speech  mak- 
ing one  branch  of  Domestic  Mamifadure,  or  of  the  Ameri- 
can System,  if  you  please,  sir,  which  does  not  require  en- 
couragement or  protection.  It  has  already  arrived  to  a 
maturity  which  can  enter  into  fair  competition  with  any 
country  whatever,  with  a  fair  prospect  of  success.    Rut,  sir. 


INDIANS    FROM    GEORGIA.  51 

I  stand  so  connected  with  this  subject,  in  several  points 
of  view,  that  I  cannot  shrink  from  addressing  the  commit- 
tee on  the  present  occasion. 

The  two  very  disthiguished  gentlemen  from  Ohio.  (Mr. 
Woods  and  Mr.  Vinton)  who  have  consumed  so  large  a 
portion  of  the  time  of  this  committee  in  displaying  and  ex- 
hibiting their  opposition  to  the  extinguishment  of  Indian 
title  to  lands,  and  to  the  removal  of  the  Indians  to  some 
eligible  situation  west  of  the  River  Mississippi,  and  have 
introduced  such  a  mass  of  foreign  matter  into  this  dis- 
cussion, that  they  will  excuse  me,  in  my  present  state  of 
health,  for  declining  to  follow  them  in  all  their  labored 
arguments  and  details  upon  this  subject. 

The  best  refutation  which  can  be  presented  to  all  these 
gentlemen  have  said  upon  this  important  and  interesting 
subject  will  be  found  in  the  fact  that  they  stand  opposed 
to  the  wisdom,  and  experience,  and  benevolence  of  the 
whole  country.  In  opposition  to  all  their  opinions,  doc- 
trines, and  reasoning,  I  will  place  those  of  James  Monroe, 
J.C.Calhoun,  James  Barbour,  and  a  host  of  others,  who  are 
experienced  and  distinguished  statesmen  and  patriots,  and 
who  have  long  deliberated  and  reflected  upon  the  subject 
of  our  Indian  policy  and  relations.  These  distinguished 
individuals  have  arrived  at  the  same  results :  that  the  only 
hope  of  saving  the  remnant  tribes  of  Indians  from  ruin 
and  extermination  was  to  remove  them  from  their  present 
abodes,  and  settle  them  in  a  permanent  abode  west  of  the 
Mississippi  River. 

The  views  of  all  our  Indian  Agents,  so  far  as  my 
knowledge  extends,  coincides  with  the  friends  of  the  emi- 
gration plan,  and,  with  very  few  exceptions,  we  find  the 
benevolent  and  pious  missionaries,  who  have  long  labored 
for  the  benefit  of  this  unfortunate  race,  decidedly  in  favor 
of  the  emigrating  plan. 

One  respectable  denomination  of  Christians  have  me- 
morialized the  present  Congress  on  this  subject,  and  urged 
with  much  earnestness  and  ability  the  results  of  their  la- 
bors and  experience,  in  favor  of  the  emigrating  plan , 
which  is  the  only  plan  by  which  the  Indians  can  ever  be 
considered  permanently  located  and  settled. 

Sir,  these  opinions  of  wisdom,  experience,  and  piety,  I 
present  as  a  reply  to  the  voluminous  details  of  the  two  dis- 
tinp;uished  gentlemen  from  Ohio,  (Mr.  Woods  and  Mr. 
Vinton).  If  the  committee,  or  the  country,  ask  for  any 
further  reply  to  tlie   remarks   of  these   gentlemen,   I   will 


52  REMOVAL  OF  IHE  CHEROKEE 

refer  to  the  remarks  of  another  gentleman  from  Ohio, 
(Mr.  McLean)  the  honorable  chairman  of  the  Committee 
on  Indian  Afifairs.  His  pertinent  and  very  appropriate  re- 
marks must  be  impressed  upon  the  recollection  of  every 
gentleman  who  was  present  yesterday  when  he  delivered 
them. 

That  gentleman,  with  all  his  known  vigilance  and  assid- 
uous attention  to  the  local  interest  of  his  immediate  con- 
stituents, when  his  duty  requires  it,  enters  upon  the 
business  of  national  legislation  with  a  liberal  dignity  of 
purpose  which  embraces  the  general  interest  of  the  whole 
country.  And  upon  this  occasion,  the  brief  view  which  he 
took  of  this  subject,  and  the  mformation  which  he  sub- 
mitted to  this  committee,  is  to  my  mind  sufficient  of  itself 
to  obliterate  all  the  labors  of  his  two  colleagues.  Sir,  the 
remarks  on  this  subject,  submitted  by  the  Chairman  on  In- 
dian Affairs,  reminded  me  of  the  saying  of  the  wise  man  of 
antiquit3\  ''Words  fitly  spokeyi  aie  like  apples  of  gold ,  in 
pictures  of  silver.''  Gentlemen  deny  that  the  policy  of  this 
government  is  settled  in  relation  to  the  question  of  Indian 
emigration.  I  am  of  a  different  opinion.  Mr.  Monroe's 
administration  marked  out  the  plan,  and  recommended  its 
adoption  in  strong  terms. 

The  present  administration  has  continued  to  urge  upon 
all  fit  occasions  the  views  of  its  predecessors  upon  this 
subject.  Congress,  I  adm.it,  have  never  sanctioned  the  plan 
to  the  full  extent  which  it  has  been  recommended  by  the 
Executive  Government.  Nevertheless,  many  acts  of  legis- 
lation might  be  cited  which  were  based  on  the  execution  of 
this  plan.  Look  at  the  various  appropriations  of  money 
to  extinguish  Indian  title  to  lands  within  the  states,  and  to 
provide  for  their  removal,  and  settlement,  west  of  the  River 
Mississippi. 

It  is  true,  I  am  myself  in  favor  of  legislating  upon  a 
more  extended  and  comprehensive  plan  upon  this  subject, 
and  with  a  view  to  general  legislation  upon  this  subject,  at 
an  early  day  of  the  present  session  I  introduced  a  resolu- 
tion, which  v/as  adopted,  "instructing  the  Committee  on 
"Indian  Affairs  to  inquire  into  the  expediency  of  providing 
"by  law  for  the  removal  of  all  the  remnant  tribes  of  In- 
"dians,  within  the  limits  of  any  of  the  States  or  Territories 
"of  this  L^nion,  to  some  eligible  situation  west  of  the  River 
"Mississippi." 

The  report  of  the  Committee  in  answer  to  this  resolu- 
tion has  long  since  been  made  to  this  House,  and  is  alto- 


INDIANS    FROM    GEORGIA. 


53 


gether  favorable  to  the  objects  embraced  in  the  resolution. 
As  a  member  of  the  Committee  on  Indian  Affairs,  I  was, 
however,  disposed  to  go  much  further  than  a  mere  favora- 
ble report.  I  was  disposed  to  make  ample  provision  for 
carrying  into  full  effect  the  emigration  plan,  and  did  ac- 
cordingly submit  a  report  and  bill  to  the  Committee,  in  lieu 
of  the  report  which  was  made  to  the  House.  But  the  ma- 
jority of  the  Committee  preferred  the  report  made  to  the 
House,  and  I  felt  it  my  duty  to  acquiesce. 

But  that  the  time  has  arrived  when  this  Government 
must  change  its  policy  in  relation  to  the  Indians  appears 
to  me  so  plain,  so  clear,  and  self-evident,  that  I  cannot  see 
any  reason  for  delay  or  hesitation. 

From  the  commencement  of  this  Government,  that  is, 
from  the  adoption  of  the  Constitution  of  the  United  States, 
this  Government  has  assumed  and  exercised  an  almost 
unlimited  control  over  the  Indian  Tribes  settled  within  our 
boundaries.  It  has  assumed  and  exercised  the  right  of  leg- 
islating for  them,  in  all  their  most  important  interests. 
We  have  taken  the  guardianship  of  them,  and  treated  them 
as  minors,  orphans,  and  persons  who  were  incapable  of 
managing  their  own  estates. 

And  the  exercise  of  this  power  has  heretofore  been 
recognized  as  legitimate,  and  has  been  acquiesced  in  by  the 
Indians,  by  the  states,  and  by  foreign  nations. 

But,  sir,  the  day  has  already  arrived  when  this  state  of 
things  cannot  longer  exist.  The  inefficient  course  pursued 
by  this  Government,  in  matters  in  which  one  of  the  states 
has  a  deep  interest,  as  well  as  the  Indians,  has  weakened 
the  confidence  of  the  Indians,  as  well  as  the  state,  in  this 
Government  to  an  extent  v/hich  has  disposed  all  the  par- 
ties in  interest  to  look  to  their  own  sovereignty  for  a  rem- 
edy of  the  evils  under  which  they  are,  and  have  been  labor- 
ing, "for  lo,  these  many  years." 

It  is  known  to  every  gentleman  of  this  Committee  that 
my  allusions  are  directed  to  the  existing  state  of  things,  as 
they  now  exist  between  the  State  of  Georgia  and  the 
Cherokee  Indians  and  the  Government  of  the  United 
States. 

It  is  a  subject,  sir,  which,  after  all  that  has  transpired, 
I  can  but  approach  with  reluctance,  but  as  one  of  the  rep- 
resentatives of  that  State,  and  a  member  of  the  Committee 
on  Indian  Affairs,  duty  impels  me  to  use  every  effort  to 
draw  the  attention  of  the  present  Congress,  and  of  the 
Nation,  to  the  importance  which  is  necessarily  attached  to 


54  REMOVAL  OF  THE  CHEROKEE 

this  subject.  I  feel  it  to  be  my  duty  to  warn  this  Committee, 
and  the  Nation,  of  the  impending  evils  which  must  neces- 
sarily grow  out  of  an  imbecile  course  on  the  part  of  this 
Government.  I  deem  it  to  be  unnecessary  to  enter  into  all 
the  details  of  the  compact,  entered  into  between  Georgia 
and  the  United  States,  in  the  year  1802.  The  history  of 
that  transaction  seems  at  last  to  be  well  understood,  here 
and  everywhere  else.  I  know  the  subject  is  perfectly  un- 
derstood by  every  member  of  the  Committee  on  Indian 
Affairs ;  and  I  will  avail  myself  of  this  opportunity  to  add, 
that  I  have  the  most  entire  confidence  that  every  member 
of  that  Committee  are  disposed  to  do  justice  to  Georgia,  as 
well  as  to  the  Cherokee  Indians.  Indeed,  from  what  we 
daily  hear  from  members  on  this  floor,  I  cannot  doubt  but 
what  the  long  delayed  rights  of  Georgia  upon  this  subject 
have  gained  the  attention  of  the  representatives  of  the  peo- 
ple of  this  nation,  and  that  the  cause  of  rigJit  and  of  jiis- 
tice    will  no  longer  be  urged  in  vain. 

In  relation  to  the  compact  between  Georgia  and  the 
General  Government,  entered  into  in  1892.  I  will  briefly 
state,  in  a  summary  way,  that  whenever  Georgia  has  urged 
the  fulfilment  of  this  compact,  the  United  States  has  never 
denied  the  debt,  but  urged  the  plea  of  inability — alleging 
the  Indian  title  would  not  be  extinguished  "upon  reason- 
able and  peaceable  terms."  Upon  the  other  hand,  Georgia 
has  alleged,  and  continues  to  allege,  that  the  very  impedi- 
ments which  lie  in  the  way  of  extinguishment  have  been 
produced  by  the  policy  pursued  by  the  United  States.  But 
I  find,  sir,  that  the  feeble  state  of  my  health  will  not  admit 
of  my  extending  my  remarks  to  many  important  details 
which  I  had  intended  to  present  to  this  committee.  I  will 
therefore  again  advert  to  this  actual  state  of  things  in  re- 
lation to  the  Cherokee  Indians  at  the  present  time. 

The  Cherokee  Indians,  who  principally  reside  within  the 
limits  of  Georgia,  have,  in  the  course  of  the  past  year,  re- 
newed their  often  repeated  declaration  that  they  will 
never,  ?io,  never,  relinquish  their  present  possession. 
They  have  placed  this  declaration  in  a  constitutional  form, 
and  with  all  the  formality  of  a  sovereign  and  independent 
state  they  have  set  up  for  themselves.  They  not  only  dis- 
regard Georgia  and  the  rights  of  Georgia,  but  they  act- 
ually enacted  laws,  and  execute  them,  too,  which  are  in 
direct  violation  of  the  laws  of  the  United  States.  I  have 
the  highest  authority  for  making  this  statement,  which  I 
will  submit  to  the  Committee. 


INDIANS    FROM    GEORGIA. 


55 


The  Legislature  of  Georgia,  at  its  last  session,  have  ex- 
tended the  jurisdiction  of  the  criminal  laws  of  that  State 
over  the  Cherokee  country,  lying  within  the  limits  of 
Georgia,  and  have  added  the  country  to  the  former  coun- 
ties of  the  State  of  Georgia.  And  in  the  state  paper  of 
Georgia,  printed  at  the  seat  of  government,  (Milledge- 
ville,)  I  this  day  see  the  proclamation  of  Governor  For- 
syth, notifying  all  persons  whom  it  may  concern  of  the 
provisions  of  the  late  act  of  the  Legislature,  and  requiring 
obedience  and  respect  to  its  provisions  and  execution  from 
citizens  and  officers  of  every  grade  and  description. 

Now,  sir,  what  must  be  the  result  of  this  anomaly?  Of 
three  separate  and  distinct  governments,  exercising  sover- 
eignty of  jurisdiction  under  conflicting  laws,  enacted  by 
three  separate  and  distinct  legislatures,  over  the  same 
people,  and  at  the  same  time,  in  some  cases  these 
three  distinct  sovereign  legislatures  have  enacted  laws 
upon  the  same  identical  subjects,  which  laws  do  not  har- 
monize in  their  provisions.  I  will  give  you  one  or  two 
cases,  out  of  many  which  actually  do  exist,  and  are  in  daily 
conflict.  The  LInited  States  laws  prohibit  the  introduction 
of  spirits  into  the  Nation,  and  if  introduced  by  a  citizen  it 
is  liable  to  confiscation,  with  all  his  packages  of  goods, 
&c.,  the  one-half  to  the  informer,  and  the  other  to  the 
United  States.  The  Cherokee  laws  prohibit  the  introduc- 
tion of  spirits  also,  under  a  fine  or  penalty  of  one  hundred 
dollars,  and  a  forfeiture  of  the  spirits,  one-half  to  the  in- 
former, the  other  half  to  the  Treasury  of  the  Cherokee  Na- 
tion. The  laws  of  Georgia  do  not  prohibit  the  sale  of  spir- 
its in  large  quantities  at  all.  And  those  who  wish  to  retail 
procure  a  license  from  the  County  Court  for  that  purpose. 
Another  similar  case  I  will  present  to  the  Committee.  The 
United  States  law  prohibits  peddling  in  the  Nation,  or  sell- 
ing merchandise  at  any  other  than  the  place  designated  by 
the  agent,  and  annexes  its  fines  and  forfeitures  for  a  viola- 
tion of  the  law.  The  Cherokee  law  authorizes  any  citizen 
to  peddle  or  trade  where  they  please  in  the  Nation,  on 
paying  twelve  dollars  a  year  to  the  Treasurer  of  the  Na- 
tion, and  one  dollar  to  the  officer  issuing  the  license.  The 
laws  of  Georgia  admit  of  no  peddling  without  first  obtain- 
ing a  license,  for  which  the  applicant  pays  one  hundred  dol- 
lars a  year,  which  entitles  him  to  peddle  and  vend  his  goods 
anywhere  within  the  limits  of  the  state. 

This  state  of  things  cannot  exist ;  something  must  be 
done,  and  the  sooner  it  is  done,  the  better.     It  is  high  time 


56  REMOVAL  OF  THE  CHEROKEE 

these  unfortunate  people  should  know  their  destiny  plainly 
and  positively.  They  should  know  precisely  in  what  rela- 
tion they  do  stand  to  the  United  States,  and  in  what  rela- 
tion they  do  stand  to  the  particular  states  in  which 
they  reside.  A  state  of  suspense  is  the  worst  of  all  cruelty 
that  can  be  exercised  towards  this  noble  race  of  people.  If 
they  are  to  be  resigned  to  the  states  and  the  state  laws,  I 
call  upon  this  Congress  to  tell  them  so.  If  we  determine 
upon  their  emigration  to  the  West,  the  sooner  they  know 
it,  the  better.  That  they  may  send  their  Calebs  and 
Joshuas  to  search  out  and  view  the  promised  land,  for  situ- 
ated as  they  now  are,  and  where  they  are,  there  is  no  rest 
for  the  sole  an  Indian  foot. 

Sir,  it  is  with  the  deepest  regret  that  I  have  witnessed 
such  ardent  exertions  to  defeat  the  best  and  most  reason- 
able plans  which  can  be  devised  for  the  salvation  of  the 
poor,  perishing,  and  afflicted  aborigines  of  this  country. 

I  have  been  greatly  surprised  that  any  gentleman  on 
this  floor  should  assume  a  claim  for  himself,  his  constitu- 
ents, or  for  the  section  of  the  Union  from  whence  he 
comes,  a  specific  right  to  all  that  portion  of  our  western 
wild.  Sir,  our  unlocated  territory,  which  lies  out  of  the 
limits  of  the  present  states,  is  the  equal  and  joint  property 
of  the  Union,  regardless  of  the  latitude  where  it  may  be 
found.  These  lands  are  the  property  of  the  Nation,  and  I 
wish  the  most  eligible  portion  of  it  to  become  a  permanent 
home  and  habitation  for  the  oppressed  and  afflicted  sons 
of  Ishmael.  I  trust,  sir,  we  shall  hear  no  more  of  sec- 
tional claims,  when  we  have  in  view  a  great  national  object 
which  must  and  will  be  effected. 

My  debility  (occasioned  by  my  late  indisposition)  is 
such,  that  I  find  my  strength  and  voice  fails.  Much  re- 
mains to  be  said,  but  I  feel  unable  to  proceed  further. 
(Mr.  Carson,  of  North  Carolina,  proposed  to  Mr.  L.  to 
move  for  the  Committee  to  rise,  report  progress,  and  ask 
leave  to  sit  again,  with  a  view  of  affording  Mr.  L.  an  op- 
portunity of  continuing  his  remarks. 

Mr.  L.  thanked  him  for  his  kindness,  but  observed  that 
he  would  prefer  yielding  the  floor  to  other  gentlemen  who 
wished  to  take  a  part  in  the  discussion,  and  accordingly 
took  his  seat.) 

Here  follows  a  speech  made  in  May,  1830,  reported  in 
the  following  words : 


INDIANS    FROM    GEORGIA.  57 

SPEECH 

of  the 

HON.  WILSON  LUMPKIN, 

of  Ga. 

In  Committee  of  the  Whole  House,  on  the  State  of  the 

Union,  on  the  Bill  Providing  for  the  Removal  of 

the  Indians. 

]\Ir.  Lumpkin  rose  and  said : 

Mr.  Chairman :  My  life  has  never  been  free  from  care 
and  responsibility ;  but,  on  no  former  occasion,  have  I  ever 
felt  more  deeply  impressed  with  a  sense  of  that  responsi- 
bility, to  God  and  my  country,  than  I  do  at  the  present 
moment.  The  obligations  which  rest  on  me  are  common 
to  every  member  of  this  House.  The  great  importance 
which  I  attach  to  the  decision  of  this  House  upon  the  bill 
now  under  consideration,  does  not  arise  from  any  appre- 
hension of  material  effects  being  produced  in  relation  to- 
any  one  of  the  states  who  are  interested.  It  is  true,  your 
decision  will  have  a  strong  bearing  on  their  interest ;  but 
they  have  the  capacity  to  some  extent  to  take  care  of 
themselves.  But  to  those  remnant  tribes  of  Indians  whose 
good  we  seek,  the  subject  before  you  is  of  vital  importance. 
It  is  a  measure  of  life  and  death.  Pass  the  bill  on  your 
table,  and  you  save  them  ;  reject  it.  and  you  leave  them  to 
perish.  Reject  this  bill,  and  you  thereby  encourage  de- 
lusory hopes  in  the  Indians  which  their  professed  friends 
and  allies  well  know  will  never  be  realized.  The  rejection 
of  this  bill  will  encourage  and  invite  the  Indians  to  acts  of 
indiscretion  and  assumptions  which  will  necessarily  bring 
upon  them  chastisement  and  injury,  which  will  be  deplored 
by  every  friend  of  virtue  and  humanity.  I  therefore  caJl' 
upon  you  to  avoid  these  evil  consequences  while  you  may.. 
Delay  is  pregnant  with  great  danger  to  the  Indians ;  what: 
you  do.  do  quickly,  before  the  evil  day  approaches. 

I  differ  with  my  friend  from  Tennessee  (Mr.  Bell)  in 
regard  to  Indian  civilization.  I  entertain  no  doubt  that  a 
remnant  of  these  people  may  be  entirely  reclaimed  from 
their  native  savage  habits,  and  be  brought  to  enter  into  the 
full  enjoyment  of  all  the  blessings  of  civilized  society.  It 
appears  to  me  we  have  too  many  instances  of  individual 
improvement  amongst  the  various  native  tribes  of  Amer- 


58  REMOVAL  OF  THE  CHEROKEE 

ica  to  hesitate  any  longer  in  determining  whether  the  In- 
dians are  susceptible  of  civilization.  Use  the  proper  means, 
and  success  will  crown  your  efforts.  The  means  hitherto 
resorted  to  by  the  Government,  as  well  as  by  individuals, 
to  improve  the  condition  of  the  Indians,  must,  from  the 
present  state  of  things,  very  soon  be  withheld  from  these 
unfortunate  people,  if  they  remain  in  their  present  abodes, 
for  they  will  every  day  be  brought  into  closer  contact  and 
conflict  with  the  white  population,  and  this  circumstance 
will  diminish  the  spirit  of  benevolence  and  philanthropy  to- 
wards them  which  now  exists. 

I  might  exhaust  what  physical  strength  I  have,  in  reply- 
ing to  the  gentleman  from  New  York  (Mr.  Storrs).  He 
has  consumed  m,uch  of  your  time  with  his  usual  ability  and 
ingenuity.  It  would  require  an  entire  speech  to  defend  my 
own  State  (Georgia)  from  the  many  imputations  cast  upon 
her  by  that  gentleman  and  others  ;  I  must  leave  much  of 
this  for  my  colleagues  and  others  who  may  follow  me  in 
this  discussion.  The  gentleman's  doctrines  upon  the  sub- 
ject of  state  rights  ought  to  be  met  and  refuted ;  severe 
censures  cast  upon  our  Chief  Magistrate,  and  his  subordi- 
nates in  office,  should  be  corrected  as  they  deserve,  and  the 
Executive  defended  in  his  wise,  virtuous,  and  candid  course 
on  this  subject.  But  I  shall  leave  much  of  this  for  others, 
and  only  incidentally  pay  my  respects  to  the  gentleman 
from  New  York,  and  proceed  directly  to  the  subject  under 
consideration. 

The  bill  on  your  table  involves  but  little  that  can  be  con- 
sidered 7iew  principle.  The  only  departure  from  former 
principles  and  practice  is  to  be  found  in  that  part  which  ex- 
tends greater  security  and  benefits  to  the  Indians. 

The  whole  of  my  policy  and  views  of  legislation  upon 
this  subject  have  been  founded  in  an  ardent  desire  to  better 
the  condition  of  these  remnant  tribes.  At  the  same  time,  I 
freely  admit,  their  interest  alone  has  not  guided  my  action. 
From  the  time  I  became  a  member  of  this  House,  the 
great  object  of  my  solicitude  and  labor  has  been,  to  relieve 
?11  the  states  (especially  my  own)  from  the  perplexities, 
heart  burnings,  conflicts,  and  strifes,  which  are  connected 
with  this  Indian  subject. 

The  ground  occupied  by  the  gentleman  from  Tennessee 
(Mr.  Bell)  I  shall  not  again  travel  over.  I  never  have,  nor 
never  will,  consume  the  time  of  this  House  by  a  speech  of 
repetition.  Nevertheless.  I  shall  necessarily  advert  to 
many  of  the  same  points,  with  a  view  of  corroborating 


INDIANS    FROM    GEORGIA. 


59 


what  has  been  said  by  my  friend  from  Tennessee  in  favor 
of  the  bill.  As  one  of  the  Committee  on  Indian  Affairs,  I 
shall  not  be  diverted  from  what  I  consider  my  duty  in  de- 
fending the  measures  submitted  by  the  committee,  by  at- 
tempting to  follow  our  opponents  in  their  wide  range  of 
irrelevant  matter  and  argument. 

I  am  not  only  identified  with  this  subject,  as  a  member 
of  the  Indian  Committee,  but  as  a  Representative  of  the 
people  of  Georgia  I  feel  myself  bound  to  defend  their 
rights. 

My  life  has  been  spent  on  the  border  of  these  Southern 
Indians ;  I  therefore  know  much  which  relates  to  the  his- 
tory of  this  subject,  from  my  own  personal  observation. 
Upon  taking  my  seat  as  a  member  of  the  20th  Congress, 
(without  delay),  I  introduced  a  resolution  which  brought 
this  subject  in  all  its  bearings  to  the  consideration  of  Con- 
gress;  and  the  investigations  had  upon  the  subject  resulted 
in  providing  an  appropriation  of  $15,000  to  defray  the  ex- 
pense of  preparing  for  the  emigration  of  the  Indians  west 
of  the  Mississippi. 

My  friend  from  Tennessee  (Mr.  Bell)  having  given  the 
details  of  the  exploring  tour  of  the  Agents  of  the  Govern- 
ment (under  this  act)  who  examined  the  country  west  of 
the  Mississippi,  with  a  view  of  ascertaining  the  quality  of 
the  country  contemplated  for  the  permanent  abode  of  the 
Indians,  and  the  report  of  these  Agents,  I  will  only  say  a 
suitable  and  sufificient  country  was  found — a  country  ad- 
mirably adapted  to  the  interest  and  condition  of  the  emi- 
grating Indians.  The  report  of  these  Commissioners  is 
sustained  by  the  corroborating  testimony  of  many  highly 
respectable  persons.  That  there  is  a  good  and  sufficient 
country  for  all  the  Indians  to  emigrate  to  can  no  longer 
be  doubted,  whatever  may  be  said  to  the  contrary  by  our 
opponents. 

I  will  now  ask  the  attention  of  the  committee  to  the 
history  of  Indian  emigration. 

So  far  as  my  researches  afford  information  on  this  sub- 
ject, I  will  submit  the  facts.  Emigration  commenced  with 
the  Indians  themselves.  Their  own  enterprise  (uninflu- 
enced by  the  Government)  led  many  individuals  of  the 
Southern  tribes,  previous  to  the  year  1808.  to  remove  from 
the  east  to  the  west  side  of  the  Mississippi,  and  there  take 
up  their  abode.  A  strong  impulse  was  given  to  this  spirit 
of  emigration  by  President  Jefferson,  during  his  adminis- 
tration. 


6o  REMOVAL  OF  THE  CHEROKEE 

What  this  impulse  was,  may  be  seen  by  reference  to  a 
talk  of  Mr.  Jefferson  to  the  Cherokees  (Volume  of  Indian 
Treaties,  page  140)  inserted  in  the  preamble  of  the  Cher- 
okee Treaty  of  1817,  which  preamble  is  in  the  following 
words : 

''Whereas  in  the  Autumn  of  the  year  1808,  a  deputation 
from  the  upper  and  lower  Cherokee  towns,  duly  authorized 
by  their  Nations,  went  to  the  City  of  Washington,  the  first 
named  to  declare  to  the  President  of  the  United  States 
their  anxious  desire  to  engage  in  the  pursuits  of  agricul- 
ture and  civilized  life,  in  the  country  they  then  occupied, 
and  to  make  known  to  the  President  of  the  United  States 
the  impracticability  of  inducing  the  nation  at  large  to  do 
this,  and  to  recjuest  the  establishment  of  a  division  line  be- 
tween the  upper  and  lower  towns,  so  as  to  include  all  the 
waters  of  the  Hiwassee  River  to  the  upper  town  ;  that,  by 
thus  contracting  their  society  within  narrow  limits,  they 
proposed  to  begin  the  establishment  of  fixed  laws  and  a 
regular  government.  The  deputies  from  the  lower  towns 
to  make  known  their  desire  to  continue  the  hunter  life, 
and  also  the  scarcity  of  game  where  they  then  lived,  and 
under  those  circumstances  their  wish  to  remove  across  the 
Mississippi  River,  on  some  vacant  lands  of  the  United 
States. 

"And  whereas  the  President  of  the  United  States,  after 
maturely  considering  the  petitions  of  both  parties,  on  the 
9th  day  of  January,  A.  D.  1809,  including  other  subjects, 
answered  those  petitioners  as  follows  :  'The  United  States, 
my  children,  are  the  friends  of  both  parties,  and,  as  far  as 
can  be  reasonably  asked,  they  are  willing  to  satisfy  the 
wishes  of  both.  Those  who  remain,  may  be  assured  of  our 
patronage,  and  aid,  and  good  neis^hborhood.  Those  who 
wish  to  remove,  are  permitted  to  send  an  exploring  party, 
to  reconnoitre  the  country  on  the  waters  of  the  Arkansas 
and  White  rivers,  and  the  higher  up  the  better,  as  they  will 
be  the  longer  unapproached  by  our  settlements,  which  will 
begin  at  the  mouth  of  those  rivers.  The  regular  districts 
of  the  governments  of  St.  Louis  are  already  laid  off  to  the 
St.  Francis. 

"  'When  this  party  shall  have  found  a  tract  of  counlrv 
suiting  the  emigrants,  and  not  claimed  by  other  Indians, 
we  will  arrange  with  them  and  you  the  exchange  of  that 
for  a  just  portion  of  the  country  they  leave,  and  to  a  part 
of  which,  proportioned  to  their  numbers,  they  have  a  just 
right.     Every  aid  towards  their  removal,  and  what  will  be 


INDIANS    FROM    GEORGIA.  6l 

necessary  for  them  then,  will  then  be  freely  administered  to 
them  ;  and  when  established  in  their  new  settlements,  we 
shall  consider  them  as  our  children,  give  them  the  benefit 
of  exchanging  their  peltries  for  what  they  will  want  at  our 
factories,  and  always  hold  them  firmly  by  the  hand.'  " 

Thus  we  see  a  deputation  of  Cherokees,  as  early  as 
1808,  visiting  this  city,  anxiously  desiring  and  imploring 
the  aid  of  President  Jefferson  to  enable  them  to  emigrate 
and  settle  in  the  very  country  where  a  great  portion  of 
them  now  resides,  and  where  we  have  procured  a  most 
excellent  and  ample  country  for  the  remainder.  Those 
who  have  emigrated  are  delighted  with  their  new  homes, 
and  most  of  their  brethren  who  remain  in  the  States  would 
gladly  improve  their  present  condition  by  joining  them; 
but  their  lordly  chiefs,  of  the  white  blood,  with  their 
Northern  allies,  "will  not  let  the  people  go."  Notwith- 
standing the  signs  of  the  times,  the  hearts  of  these  rulers 
have  been  hardened  again  and  again. 

These  movements  on  the  part  of  the  Cherokees,  with- 
out urgency  or  solicitation  on  the  part  of  the  Government, 
have  resulted  in  the  Treaties  of  18 17  and  1828,  providing, 
as  before  pointed  out,  an  ample  and  permanent  home  for 
the  whole  of  the  Cherokees.  Lender  the  provisions  of  these 
treaties  they  have  been  going,  and  will  continue  to  go, 
until  not  a  real  Indian  will  be  left  behind.  "Hinder  me 
not,"  Will  be  their  language,  when  they  are  permitted  to 
express  their  own  feelings,  unawed  by  the  tyrannical  enact- 
ment of  their  mixed  blooded  chiefs. 

With  the  Choctaws  and  Creeks  treaties  have  also  been 
made,  assigning  to  them  countries  west  of  the  Arkansas 
and  Mississippi.  The  Creeks  have  been  flocking  to  theirs, 
and  it  is  satisfactorily  ascertained  that  they  would  all  go, 
if  the  means  contemplated  in  this  bill  should  be  afforded  to 
the  Executive.  The  whole  of  the  Choctaws  are  not  only 
willing  to  go,  but  are  actually  prepared  to  go,  and  have 
submitted  their  terms,  in  the  form  of  a  treaty,  to  the  proper 
department  of  the  Government.  The  Chickasaws  have  no 
country  yet  provided  for  them,  in  the  West,  but  are  anx- 
ious to  emigrate  thither,  if  they  can  obtain  a  suitable  coun- 
try. 

The  Seminoles  of  Florida  are  also  desirous  to  join  their 
Creek  brethren  in  the  West,  if  they  can  obtain  land.  The 
Indians  of  Illinois,  Ohio,  and  Indiana,  have  been  for  many 
years  past  emigrating,  and  the  cost  of  their  journeys  has 
been  paid  by  the  Government,  until  about  two  years  ago, 


62  REMOVAL  OF  THE  CHEROKEE 

when  the  spirit  of  emigration  so  far  increased  the  numbers 
that  the  expense  became  too  great  to  be  paid  by  the  means 
at  the  disposition  of  the  Executive. 

The  treaties  formed  with  the  various  tribes  of  Indians, 
providing  for  their  emigration,  may  be  found  in  the  Vol- 
ume of  Treaties,  compiled  under  the  order  and  direction  of 
]\Ir.  Calhoun,  while  acting  as  Secretary  of  War.  That  with 
the  Choctaws,  of  October  i8th,  1820,  page  166;  the  treaty 
with  the  Shawnees,  7th  November,  1825,  page  361,  pro- 
vides for  an  exchange  of  lands  with  those  residing  both  in 
Missouri  and  Ohio;  with  the  Creeks,  24th  January,  1826, 
page  218;  with  the  Weas  tribe,  August,  1820,  page  261; 
with  the  Kickapoos,  30th  August,  1819,  page  265;  with  the 
same  tribe,  30th  July,  1819,  page  268. 

I  have  intended  to  read  extracts  from  all  these  treaties, 
but  I  find  that  my  time  and  strength  both  admonish  me  to 
be  brief.  I  have  therefore  given  a  reference  to  the  book, 
the  treaty,  and  the  page,  and  every  gentleman  can  read  for 
himself. 

I  can  only  say  that  I  am  greatly  surprised  to  hear  the 
opponents  of  the  proposed  policy,  in  the  face  of  the  rec- 
ords, laws,  and  treaties  of  the  country,  speak  of  the  pro- 
posed measure  as  being  Jiovel — as  being  a  change  of  policy 
in  our  Indian  relations,  and  as  being  fraught  with  danger 
and  ruin  to  the  Indians.  I  feel  assured,  if  the  good  people 
who  have  been  memorializing  us  through  the  winter  were 
in  possession  of  the  facts  which  are  within  the  reach  of 
every  member  of  this  Committee,  they  would  change  their 
pohtics  and  unite  with  the  friends  of  Indian  emigration. 

I  have  heard  much  complaint  that  we  are  progressing 
in  the  removal  of  the  Indians,  without  any  systematic  plan 
for  their  security  and  government  when  they  get  into  the 
possession  of  their  new  homes. 

This  objection  comes  from  our  opponents;  but  I  con- 
fess I  agree  with  them,  to  a  limited  extent.  I  would,  my- 
self, greatly  prefer  going  the  whole  amount  at  once. 

Nevertheless,  I  discover  that  every  step  we  advance  in 
carrying  out  our  plan  the  more  violent  is  the  opposition. 
The  bill  on  your  table,  sir,  goes  much  further  in  providing 
for,  and  pointing  out  the  landmarks  of  an  entire  and  com- 
plete system,  than  any  measure  heretofore  acted  upon  in 
Congress,  and  yet  we  find  opposition  increases. 

If  those  who  wish  to  see  an  entire  system  presented 
will  refer  to  Mr.  Monroe's  Message  of  the  27th  of  Januarv, 
1825,  page  453,  Volume  of  Indian  Treaties,  and  also  to  Mr. 


INDIANS    FROM    GEORGIA.  63 

Calhoun's  report  accompanying  that  Message,  they  will 
find  the  great  outline  of  the  plan  laid  down.  In  that 
Message,  Mr.  Monroe  says :  "Being  deeply  impressed 
with  the  opinion  that  the  removal  of  the  Indian  Tribes 
from  the  lands  which  they  now  occupy  within  the  limits  of 
the  several  States  and  Territories  to  the  country  lying  west- 
ward and  northward  thereof,  within  our  acknowledged 
boundaries,  is  of  very  high  importance  to  our  Union,  and 
may  be  accomplished  on  conditions  and  in  a  manner  to 
promote  the  interest  and  happiness  of  these  tribes,  the  at- 
tention of  the  Government  has  been  long  drawn,  with 
great  solicitude,  to  the  object.  For  the  removal  of  the 
tribes  within  the  limits  of  the  State  of  Georgia  the  motive 
has  been  peculiarly  strong,  arising  from  the  compact  with 
that  State,  whereby  the  United  States  are  bound  to  extin- 
guish the  Indian  title  to  the  lands  within  it,  whenever  it 
may  be  done  peaceably  and  on  reasonable  conditions.  In 
the  fulfilment  of  this  compact  I  have  thought  that  the 
United  States  should  act  with  a  generous  spirit ;  that  they 
should  omit  nothing  which  should  comport  with  a  liberal 
construction  of  the  instrument,  and  likewise  be  in  accord- 
ance with  the  first  rights  of  those  tribes.  From  the  view 
which  I  have  taken  of  the  subject  I  am  satisfied  that,  in 
the  discharge  of  these  important  duties,  in  regard  to  both 
the  parties  alluded  to,  the  United  States  will  have  to  en- 
counter no  conflicting  interests  with  either.  On  the  con- 
trary, that  the  removal  of  the  tribes  from  the  territory 
which  they  now  inhabit,  to  that  which  was  designated  in 
the  Message  at  the  commencement  of  the  session,  which 
would  accomplish  the  object  for  Georgia,  under  a  well 
digested  plan  for  their  government  and  civilization, 
which  should  be  agreeable  to  themselves,  would  not  only 
shield  them  from  impending  ruin,  but  promote  their  wel- 
fare and  happiness. 

"Experience  has  clearly  demonstrated  that,  in  their 
present  state,  it  is  impossible  to  incorporate  them  in  such 
masses,  in  any  form  whatever,  into  our  system.  It  has  also 
demonstrated,  with  equal  certainty,  that,  without  a  timely 
anticipation  of,  and  provision  against,  the  dangers  to 
which  they  are  exposed,  under  causes  which  it  will  be  difB- 
cult,  if  not  impossible  to  control,  their  degradation  and  ex- 
termination will  be  inevitable." 

Such  were  the  opinions  of  President  Monroe  in  1825, 
supported  by  an  able  report,  going  into  an  important  de- 
tail, appertaining  to  every  branch  of  the  system  proposed 


■64  REMOVAL  OF  THE  CHEROKEE 

~by  Secretary  Calhoun.  I  will  give  the  following  short  ex- 
tract from  the  report :  "There  are  now  in  most  of  the 
tribes  well  educated,  sober,  and  reflecting  individuals,  who 
are  afflicted  at  the  present  condition  of  the  Indians,  and 
despondent  at  their  future  prospects.  Under  the  operation 
of  existing  causes,  they  behold  the  certain  degradation, 
misery,  and  even  final  annihilation  of  their  race,  and  no 
doubt  would  gladly,  embrace  any  arrangement  which  would 
promise  to  elevate  them  in  the  scale  of  civilization,  and 
arrest  the  destruction  which  now  awaits  them." 

Mr.  Adams,  with  great  force  of  argument,  while  Presi- 
dent of  the  United  States,  sustained  these  doctrines  and 
opinions.  His  two  Secretaries,  Governor  Barbour  and 
Gen'l  Porter,  \vith  great  ability,  repeatedly  enforced  the 
same  doctrines  and  principles  to  their  full  extent,  which 
may  be  seen  and  read  by  referring  to  the  State  Papers 
v/hich  are  on  the  files  of  this  House,  and  are  always  ac- 
cessible to  the  members  of  Congress. 

I  therefore  admonish  every  gentleman  of  this  commit- 
tee who  may  be  opposed  to  this  measure  to  deal  fairly  with 
his  constituents,  and  inform  them  that  this  is  no  new 
measure,  emanating  from  President  Jackson  and  the  Geor- 
gians, but  that  it  is  a  measure  tested  by  many  years'  ex- 
perience ;  and  that  it  has  received  the  sanction  and  support 
of  the  wisest  and  best  men  of  the  age. 

Jefferson  gave  to  it  the  first  official  impulse ;  Aladison, 
Monroe,  Adams,  Jackson,  Calhoun,  Barbour,  Porter, 
Eaton,  and  a  majority  of  the  Senators  and  Representatives 
of  the  people  of  this  great  confederation  of  states  have,  in 
their  ofificial  capacities,  repeatedly  sustained  the  principles 
and  policy  of  the  bill  on  your  table.  This  declaration  is 
fully  supported  by  the  talks,  treaties,  laws,  messages,  and 
reports,  to  which  I  have  already  called  the  attention  of  the 
committee.  It  has  not  only  been  devised  and  sustained  by 
the  ablest  statesmen  of  the  country,  but  has  received  the 
approbation  of  a  very  large  portion  of  the  wise  and  the 
good  throughout  our  country.  Our  most  enlightened 
Superintendents  and  Agents  of  Indian  Affairs  have  all  be- 
come converts  to  Indian  emigration  ;  our  most  pious  and 
candid  missionaries  have  also  added  their  testimony  in  our 
favor. 

One  of  the  most  devoted  and  pious  missionaries  (the 
Rev.  Isaac  McCoy)  with  whom  I  am  acquainted  has  said : 
"What  plan  will  most  likely  be  successful  in  accomplishing 
the  reformation  of  the  Indians?"     He  answers:     "Without 


INDIANS    FROM    GEORGIA.  65 

ceremony,  I  offer  for  consideration  the  plan  recommended 
to  the  wisdom  of  Congress  by  Mr.  Monroe,  late  President 
of  the  United  States."  The  same  gentleman  says :  "We 
are  well  aware  of  some  formidable  obstacles  opposed  to 
the  removal  of  the  Indians. 

"The  obstacles  to  which  we  allude  will  not  derive  their 
origin  or  their  support  from  the  Indians  themselves,  but 
both  will  be  found  in  the  avarice  of  white  men,  near  to, 
and  mingling  with,  the  Indians,  whose  interest  it  is  for  the 
natives  to  remain  where  they  are,  and  in  their  present  con- 
dition. I  deeply  regret  the  necessity  of  mentioning  this 
circumstance,  but  justice  to  my  subject,  to  the  Indians, 
and  to  my  own  conscience,  demands  it  of  me.  We  may 
prepare  to  encounter  a  host  of  opposers,  consisting  of 
traders,  both  licensed  and  unlicensed,  many  of  them  speak- 
ing the  Indian  language  fluently,  and  in  habits  of  daily  in- 
tercourse with  them,  often  allied  by  marriage,  and  other- 
wise by  blood  ;  and  from  many  others  who  profit  more  or 
less  by  a  commission  from  our  Government,  for  the  per- 
formxance  of  services  in  the  Indian  Department.  Remove 
the  Indians  and  the  fountain  fails. 

"Some  estimate  of  the  difficulties  arising  from  this 
quarter  may  be  found  on  considering  the  influence  which 
the  number  of  those  interested  persons,  under  their  favora- 
ble opportunities,  may  exert  on  the  minds  of  those  ignor- 
ant, uninformed  people,  whose  prepudices  against  us  are 
generally  inveterate,  and  whose  jealousies  are  ever  on  the 
alert ;  considering  also,  that,  in  the  transacting  of  business, 
Government  has  been  under  the  necessity  of  availing  itself 
of  the  services  of  those  very  persons.  The  story  requires 
much  delicacy  in  the  telling,  and  perhaps  has  never 
been,  nor  will  it  now  be  plainly  told,  that  scarce  a  treaty 
with  the  Indians  occurs  in  which  the  Commissioners  of  the 
United  States  are  not  obliged  to  shape  some  part  of  it  to 
suit  the  convenience  of  some  of  this  class  of  persons." 

This  same  worthy  missionary  says :  "Societies  and 
their  missionaries  should  carefully  guard  against  what  we 
may  term  high  coloring.  We  are  naturally  fond  of  telling 
the  more  favorable  parts  of  the  story,  and  rather  desire 
the  unfavorable  parts  of  the  story  to  sink  into  oblivion.  I 
could  readily  point  to  statements  respecting  missionary 
operations  which  approximate  this  character  too  nearly ; 
but  I  deem  it  sufficient  to  mention  this  general  and  un- 
doubted fact,  viz. :  A  man  in  Europe,  by  reading  the 
whole  of  our  missionary  journals,  narratives,  reports,  &c., 


66  REMOVAL  OF  THE   CHEROKEE 

would  be  apt  to  suppose  the  success  of  our  labors  was 
such  that  the  aborigines  of  our  country  were  rapidly  im- 
proving their  condition,  both  in  respect  to  Christianity 
and  civilization.  How  would  such  an  one  be  disappointed, 
on  visiting  these  regions,  to  find  that,  instead  of  improve- 
ment in  general,  they  are  rapidly  decreasing  in  numbers, 
and  perishing  under  their  accumulating  misfortunes.  Both 
societies  and  missionaries  are  blamable  in  this  thing.  The 
latter  claim  a  pretext  from  the  peculiarities  of  their  situa- 
tion. The  views  of  the  community  in  general,  in  relation 
to  the  true  condition  of  the  Indians,  their  character,  and 
the  character  of  the  missionary  labors  among  them,  being 
erroneous,  missionaries  find  great  difBculty  in  managing 
those  impressions  which  influence  their  patrons  as  well  as 
other  people.  Few  indeed  are  prepared  for  that  tedious 
process  which  is  usually  unavoidable  in  the  work.  If  a 
missionary  is  not  able  to  state,  in  a  tolerable  degree,  what 
would  be  deemed  by  his  patrons  evidence  of  success,  and 
in  a  pretty  short  time  too  after  he  has  commenced  his 
labors,  his  supporters  are  liable  to  grow  impatient,  and  to 
imagine  the  existence  of  some  defect  in  him  or  his  man- 
agement." 

I  ask  special  attention  to  the  foregoing  extracts,  as  well 
as  to  the  source  from  which  they  are  taken.  They  are  the 
deliberate  opinions  of  one  of  our  most  experienced,  pious, 
and  persevering  missionaries.  Yes,  sir,  this  comes  from 
one  who  is  resolved  to  devote  his  whole  life  in  sustaining 
the  missionary  cause  amongst  the  native  Indians  of  his 
own  country. 

Mr.  Chairman :  Having  given  an  outline  of  the  origin 
and  progress  of  Indian  emigration,  and  the  support  and 
favor  which  it  has  received  from  most  of  our  distinguished 
statesmen  and  patriots,  I  now  say,  the  experiment  has 
been  sufficiently  tested  to  induce  a  large  majority  of  the 
people  of  this  Union  ardently  to  desire  its  consummation. 
If  it  be  inquired  how  I  arrived  at  this  conclusion,  I  answer, 
from  the  best  index  to  public  opinion — the  press.  At  the 
present  day,  the  press  in  our  country  is  resorted  to  by 
every  class  of  the  community,  civil  and  religious,  to  dis- 
seminate their  opinions.  The  press  seems  to  keep  pace 
with  the  formation  of  new  societies ;  and  we  bid  fair  to 
outstrip  any  people  in  the  world  in  the  number  and  variety 
of  our  societies. 

Every  new  society  seems  to  be  resolved  to  have  a 
printing  press;    and  I  regret  to  see  so  many  of  these  new 


INDIANS    FROM    GEORGIA.  67 

societies  —  established,  no  doubt,  from  good  motives — 
throwing  their  support  on  many  occasions  into  the  scales 
of  political  demagogues.  Men  the  most  profligate  often 
become  the  dictators  of  all  the  influence  that  these  well- 
meaning  people  can  bring  into  operation.  Well,  sir,  if  the 
press  be  the  best  index  of  public  opinion,  the  people  of 
this  country  are  with  us.  I  do  not  mean  to  be  understood 
that  more  printing  is  done  on  our  side  than  on  the  side  of 
our  opponents.  No,  sir,  they  greatly  exceed  us  in  quan- 
tity ;  but  their  printing  is  confined  to  a  limited  circle.  I 
invite  your  attention  to  the  tone  of  the  press  on  this  sub- 
ject, in  all  the  different  sections  and  neighborhoods  of  the 
whole  country.  Even  in  those  sections  of  the  Union  where 
we  meet  v/ith  the  most  violent  opposition,  the  best  half  of 
the  press,  political  and  religious,  is  on  our  side,  and  I  en- 
tertain no  doubt  but  the  people  in  these  sections  give  tone 
to  the  press.  It  is  true,  a  combined  few,  from  selfish  and 
political  considerations,  have  been  led  to  great  exertions, 
in  the  fashionable  mode  of  the  day,  in  getting  up  opposi- 
tion to  this  measure.  We  have  been  inundated  with 
memorials,  pamphlets,  and  speeches  made  at  society  and 
town  meetings.  But,  sir,  let  it  be  remembered  that  weak 
minorities  always  made  the  most  noise.  Contented  major- 
ities, conscious  of  their  strength,  are  never  found  praying 
for  a  redress  of  grievances. 

Suppose,  for  a  moment,  that  portion  of  the  population 
of  the  Union  north  and  east  of  this  place  to  be  equally 
divided  on  this  question  ;  the  entire  South  and  Southwest, 
with  the  exception  of  a  few  aliens  to  their  own  interest,  are 
in  favor  of  this  measure ;  and  I  have  no  hesitancy  in  arriv- 
ing at  the  conclusion  that  much  the  larger  portion  of  the 
religious  community  will  be  found  on  our  side  of  the  ques- 
tion, notwithstanding  the  denunciations  and  anathemas 
which  have  been  pronounced  agamst  us.  This  proceeds 
from  a  few  leading  religionists  of  the  7iew  concert  sect,  or 
that  class  of  philanthropists  who  are  going  up  and  down 
in  the  land  seeking  whom  they  may  devour.  The  two  wide- 
spread denominations,  the  Baptist  and  Methodist,  with 
whom  I  have  had  an  extensive  and  intimate  intercourse 
through  my  whole  life,  I  am  sure  will  never  lend  them- 
selves, in  a  united  manner,  as  religious  bodies,  to  aid  polit- 
ical factions  or  designing  demagogues.  No,  sir,  these 
denominations  were  sufficiently  tested  during  the  late  war. 
They  stood  by  their  country  in  the  field  of  battle,  and 
breasted  the  storm  of  war.     They  could  pray  for  you  in 


68  REMOVAL  OF  THE  CHEROKEE 

their  closets  and  pulpits,  without  the  fear  of  incurring 
Divine  displeasure. 

One  of  these  denominations  (I  mean  the  Baptists) 
have  through  their  organs,  the  officers  of  their  religious 
Boards,  Conventions,  and  Associations,  for  years  past,  at 
every  session  of  Congress,  reminded  you  of  the  interest 
they  feel  and  the  labors  they  have  bestowed  towards  the 
great  object  of  Indian  civilization.  Moreover,  they  have 
expressed  their  convictions  that  your  emigration  plan 
afforded  the  best  and  most  permanent  prospect  for  success 
of  their  missionary  efforts.  Sir,  no  religious  denomination 
in  this  country,  as  such,  will  be  found  unitedly  giving  them- 
selves up  into  the  hands  of  political  men  to  aid  in  the 
objects  of  political  faction.  It  would  be  too  tedious  to 
name  all  the  various  sects  of  our  country ;  but,  having 
named  one  or  two,  I  avail  myself  of  this  opportunity  of 
saying  I  have  great  respect  for  most  of  the  denominations 
in  our  country,  and  have  no  unfriendly  feelings  to  any. 
I  wish  them  all  prosperity  in  all  their  attempts  to  benefit 
mankind. 

Our  good  and  worthy  Quaker  friends,  who  have  been 
memorializing  us  on  this  subject,  will  all  come  right,  as 
soon  as  their  misapprehensions  are  corrected.  When  they 
ascertain  that  Georgia  and  President  Jackson  are  by  no 
mesns  the  advocates  of  war,  famine,  and  pestilence,  they 
will  take  us  by  the  hand,  and  join  us  in  advancing  meas- 
ures of  kindness,  benevolence,  and  good  will  towards  the 
Indians.  Sir,  I  am  not  afraid  to  trust  the  Quakers.  The 
religious  people  of  this  country  are  in  the  full  enjoyment 
of  religious  liberty.  It  is  all  that  the  truly  pious  want. 
They  want  no  ''Christian  party  in  politics."  I  profess  to 
admire  that  active  spirit  of  Christian  benevolence  which 
has  done  so  much  for  our  coinmon  country  in  the  cause 
of  letters  and  morality.  That  religion  which  carries  its 
saving  influence  into  families,  congregations,  and  society 
in  general,  adorns  its  professors. 

The  religious  opposition  to  this  measure  is  not  confined 
to  any  particular  sect,  unless  v/e  give  a  ne^v  name  to  a 
religious  party  in  politics — a  party  which  has  some  recruits 
from  many,  if  not  all  the  dififerent  sects  of  the  country.  It 
is  this  new  sect  of  Concert  Brethren,  against  whom  I  direct 
mv  censures.  These  cajitiiig  faiiatics  have  placed  them- 
selves upon  this  Indian  question  behind  the  bulwarks  of 
religion  and  console  themselves  with  the  belief  that  the 
Georgians,  whom  they  have  denounced  as  Atheists,   Deists, 


INDIANS    FROM    GEORGIA.  69 

Infidels,  and  Sabbath-breakers ,  laboring  under  the  curse  of 
slavery,  will  never  be  able  to  dislodge  them  from  their 
strong  position.  Sir,  I  therefore  feel  that  I  stand  pledged 
in  duty  to  my  constituents  to  show  to  this  House,  and  to 
the  world,  that  these  intermeddlers  and  disturbers  of  the 
peace  and  harmony  of  society  have  no  just  claims  to  the 
protection  of  that  impenetrable  fortress  in  which  they  have 
hitherto  found  refuge  and  protection.  I  rely  with  entire 
confidence  upon  those  who  carry  the  keys  of  this  fortress ; 
they  will  deliver  up  the  guilty  to  be  dealt  with  according  to 
law  and  justice.    "By  their  fruit  ye  shall  know  them." 

Sir,  before  I  pursue  the  course  of  the  opposition  any 
further.  I  will  remark  that  I  have  so  far  confined  myself 
principally  to  that  part  of  the  subject  which  relates  to  the 
interest  of  the  Indians ;  but  there  are  other  interests  which 
are  entitled  to  a  share  of  your  considerations.  The  State  of 
Georgia,  one  of  whose  Representatives  I  am,  has,  from  my 
infancy  till  this  day,  been  struggling  with  perplexing  diffi- 
culties, strifes,  and  heart-burnings,  upon  the  subject  of  her 
Indian  relations. 

Yes,  sir,  amongst  my  earliest  recollections  are  the  walls 
of  ?n  old  fort,  which  gave  protection  to  the  women  and 
children  from  the  tomahawk  and  scalping  knife  of  the  In- 
dians. And  let  me  inform  you  that,  while  the  Indians  have 
receded  thousands  of  miles  before  the  civilized  population, 
in  other  sections  of  the  Union,  the  frontier  of  Georgia  has 
comparatively  remained  stationary. 

My  present  residence  is  not  more  than  one  day's  travel 
from  the  place  of  the  old  fort  to  which  I  alluded.  It  is  but 
part  of  a  day's  travel  from  my  residence  to  the  line  of  the 
Cherokee  country. 

In  entering  upon  this  branch  of  my  subject,  I  find  it 
necessary  to  summon  up  all  the  powers  of  philosophy  to 
restrain  feelings  of  indignation  and  contempt  for  those 
who  are  at  this  time  straining  every  nerve  and  using  every 
effort  to  perpetuate  on  the  people  whom  I  represent  the 
evils  which  they  have  borne  for  so  many  years ;  and,  what- 
ever has  or  may  be  said  of  this  Union,  would  have  sub- 
mitted, with  equal  patriotism,  to  the  many  ills  and  wrongs 
which  v/e  have  received  at  the  hands  of  those  who  were 
bound  by  the  strongest  human  obligations  to  aid  in  re- 
lieving us  from  Indian  perplexities,  give  us  justice,  and 
assist  in  the  advancement  of  our  peace,  happiness,  and 
prosperity. 

Georgia,  sir.  is  one  of  the  good  old  thirteen  States ;  she 
entered  the  Union  upon  an  equal  footing  with  any  of  her 


■JO  REMOVAL  OF  THE  CHEROKEE 

sisters.  She  claims  no  superiority,  but  contends  for  equal- 
ity. That  sovereignty  which  she  concedes  to  all  the  rest, 
and  would  at  any  time  unite  with  them  in  defending  from 
all  encroachment,  she  will  maintain  for  herself.  Our  social 
compact,  upon  which  we  stand  as  a  state,  gives  you  the 
metes  and  bounds  of  our  sovereignty ;  and  within  the  limits 
therein  defined  and  pointed  out  our  state  authorities  claim 
entire  and  complete  jurisdiction  over  soil  and  population, 
regardless  of  complexion. 

The  boundaries  of  Georgia  have  been  defined,  recog- 
nized, and  admitted,  by  circumstances  of  a  peculiar  kind. 
Her  litigations  in  relation  to  boundary  and  title  to  her  soil 
may  justly  be  considered  as  having  been  settled- "according 
to  law."  Her  boundaries  are  not  only  admitted  by  her 
sister  states,  but  by  this  General  Government,  and  every 
individual  who  administered  any  part  of  it.  Executive  or 
Legislative,  must  recollect  that  the  faith  of  this  Govern- 
ment has  stood  pledged  for  twenty-eight  years  past  to 
relieve  Georgia  from  the  embarrassment  of  Indian  popula- 
tion. It  is  known  to  every  member  of  this  Congress  that 
this  pledge  was  no  gratuity  to  Georgia.  No,  sir,  it  was  for 
and  in  consideration  of  the  two  entire  states  of  Alabama 
and  Mississippi, 

I  feel  disposed  to  pity  those  who  make  the  weak  and 
false  plea  of  inability,  founded  on  the  words  ' '  reasonable 
and  peaceable,"  whenever  I  hear  it  made. 

Such  pettifogging  quibbles  deserve  the  contempt  of  a 
statesman.  No  man  is  fit  to  be  a  Congressman  who  does 
not  know  that  the  General  Government  might  many  years 
ago,  upon  both  reasonable  and  peaceable  terms,  have  re- 
moved every  Indian  from  Georgia. 

But,  sir,  upon  this  subject  this  Government  has  been 
wanting  in  good  faith  to  Georgia.  It  has,  by  its  own  acts 
and  policy,  forced  the  Indians  to  remain  in  Georgia,  by  the 
purchase  of  their  lands  in  the  adjoining  states,  and  by 
holding  out  to  the  Indians  strong  inducements  to  remain 
where  they  are,  by  the  expenditure  of  vast  sums  of  money, 
spent  in  changing  the  habits  of  the  savage  for  those  of 
civilized  life.  All  this  was  in  itself  right  and  proper ; 
it  has  my  hearty  approbation ;  but  it  should  not  have  been 
done  at  the  expense  of  Georgia.  The  Government,  long 
after  it  was  bound  to  extinguish  the  title  of  the  Indians  to 
all  the  lands  in  Georgia,  has  actually  forced  the  Cherokees 
from  their  lands  in  other  states,  settled  them  upon  Georgia 
lands,  and  aided  in  furnishing  the  means  to  create  the 
Cherokee  aristocracv. 


INDIANS    FROM    GEORGIA.  71 

Sir,  I  blame  not  the  Indians ;  I  commiserate  their  case. 
I  have  considerable  acquaintance  with  the  Cherokees,  and 
amongst  them  I  have  seen  much  to  admire.  To  me,  they 
are  in  many  respects  an  interesting  people.  If  the  wicked 
influence  of  designing  men,  veiled  in  the  garb  of  philan- 
throphy  and  Christian  benevolence,  should  excite  the  Cher- 
okees to  a  course  that  will  end  in  their  speedy  destruction, 
I  now  call  upon  this  Congress,  and  the  whole  American 
people,  not  to  charge  the  Georgians  with  this  sin ;  but  let  it 
be  remembered  that  it  is  the  fruit  of  cant  and  fanaticism, 
emanating  from  the  land  of  steady  habits  ;  from  the  boasted 
progeny  of  the  Pilgrims  and  Puritans. 

Sir,  my  State  stands  charged  before  this  House,  before 
the  Nation,  and  before  the  whole  world,  with  cruelty  and 
oppression  towards  the  Indian.  I  deny  the  charge,  and 
demand  proof  from  those  who  made  it. 

I  have  labored,  as  one  of  your  Committee,  day  and 
night,  in  examining  everything  which  has  any  connection 
v/ith  the  history  of  this  subject.  Amongst  other  duties,  we 
have  examined  all  the  various  laws  of  the  colonial  and  state 
governments  in  relation  to  the  Indians.  The  selection 
made  and  submitted  has  long  since  been  in  the  hands  of 
every  gentleman  of  this  House.  Let  the  laws  of  other 
states  be  compared  with  those  which  are  the  subject  of 
complaint,  and  it  must  then  be  admitted  by  every  candid 
man  that  the  states  complained  of  stand  pre-eminent  in 
humaniity,  mildness,  and  generosity   towards  the  Indians. 

Georgia,  it  is  true,  has  slaves ;  but  she  did  not  make 
them  such ;  she  found  them  upon  her  hands  when  she  be- 
came a  sovereign  state.  She  never  has,  by  her  legislation, 
changed  the  state  of  freedom  to  slavery.  If  she  has  ever 
owned  an  Indian  slave,  it  has  never  come  to  my  knowl- 
edge ;  but  more  than  one  of  the  other  states  of  this  Union 
liave  not  onlv  reduced  Indians  to  a  state  of  slavery,  but 
have  treated  them  as  brutes,  destitute  of  any  human  rights 
— depriving  them  of  their  own  modes  of  worshipping 
Deity — hunting  them  ?s  Vsald  beasts  for  slaughter — holding 
out  rewards  for  their  scalps,  and  even  giving  premiums  for 
the  raising  of  a  certain  breed  of  dogs,  called  bloodhounds, 
to  hunt  savages,  that  they  might  procure  their  scalps,  and 
obtain  the  reward  ofifered  by  Government  for  them.  Sir, 
compare  this  legislation  with  that  of  Georgia,  and  let  the 
guiltv  be  put  to  shame. 

Should  I  be  censured  for  going  to  the  history  of  past 
times — a  centurv  or  two  back ;  should  I  be  accused  of  visit- 


72  REMOVAL  OF  THE  CHEROKEE 

ing  the  sins  of  the  fathers  on  the  children,  permit  me  to 
say  I  hold  in  my  hand  a  pamphlet,  recently  published  in 
Boston,  and  said  to  have  been  written  by  the  chief  secre- 
tary of  the  new  sect,  who  is  also  said  to  be  the  author  of 
"William  Penn  ;"  and  those  who  will  read  this  pamphlet, 
written  at  the  present  day.  will  perceive  a  more  savage, 
superstitions,  and  diabolical  spirit  than  was  ever  possessed 
by  the  authors  of  the  pow-ivozv,  scalping,  slave,  and  dog 
la-ivs. 

I  will  give  you  a  few  extracts  from  this  pamphlet, 
which  purports  to  be  an  article  copied  from  the  American 
Alonthly  Magazine,  Page  14. 

"The  Indians  had  better  stand  to  their  arms  and  be  ex- 
terminated than  march  further  onwards  to  the  Pacific,  in 
the  faith  that  the  coming  tide  of  civilized  population  will 
not  sweep  them  forever  till  they  mingle  in  its  depths.  Bet- 
ter thus  than  remain  to  be  trampled  as  the  serfs  of  Geor- 
gia, to  have  their  faces  ground  by  the  pride  and  op- 
pressions of  their  slave-holding  neighbors,  to  be  extermi- 
nated by  the  more  powerful,  and  not  less  sure,  tho'  slower 
operation  of  the  vices  of  the  white.  God  forbid  that  the 
prayers  which  have  ascended  for  the  Indians,  and  the  exer- 
tions which  may  be  made  in  their  behalf,  should  fail ;  it 
would  be  better  that  half  the  states  of  the  Union  were  anni- 
hilated, and  the  remnant  left  powerful  in  holiness,  strong  in 
the  prevalence  of  virtue,  than  that  the  whole  nation  should 
be  stained  with  guilt,  and  sooner  or  later  disorganized  by 
the  self-destroying  energies  of  wickedness.  We  would 
rather  have  a  civil  war,  were  there  no  other  alternative, 
than  avoid  it  by  taking  shelter  in  crime ;  for  besides  that, 
in  our  faith,  it  would  be  better  for  the  universe  to  be  anni- 
hilated than  for  one  jot  or  tittle  of  the  law  to  be  broken, 
we  know  that  such  a  shelter  would  only  prove  the  prison 
house  of  vengeance  and  despair. 

"We  would  take  up  arms  for  the  Indians,  in  such  a  war. 
with  as  much  confidence  of  our  duty  as  we  would  stand 
with  our  bayonets  on  the  shores  of  the  Atlantic,  to  repel 
the  assaults  of  the  most  barbarous  invader.  Perhaps  we 
do  wrong  to  make  even  the  supposition ;  for  it  can  never 
come  to  this.  But  let  anything  come  upon  us  rather  than 
the  stain  and  curse  of  such  perfidy  as  has  been  contem- 
plated. 

"Let  the  vials  of  God's  wrath  be  poured  out  in  plague, 
and  storm,  and  desolation ;  let  our  navies  be  scattered  to 
the  four  winds  of  Heaven  ;  let  our  corn  be  blasted  in  the 


INDIANS    FROM    GEORGIA. 


73 


fields ;  let  our  first  born  be  consumed  with  the  stroke  of  the 
pestilence  ;  let  us  be  visited  with  earthquakes,  and  given  as 
a  prey  to  the  devouring  fire  ;  but  let  us  not  be  left  to  com- 
mit so  great  an  outrage  on  the  laws  of  nations  and  of  God ; 
let  us  not  be  abandoned  to  the  degradation  of  national 
perjury,  and,  as  its  certain  consequence,  to  some  signal 
addition  of  national  woe.  Let  us  listen  to  the  warning 
voice  which  comes  to  us  from  the  destruction  of  Israel." 

The  pamphlet  from  which  I  have  read  contains  ^2 
pages,  and  is  interspersed  throughout  with  a  spirit  corre- 
sponding with  what  I  have  read.  Sir,  shall  I  express  my 
surprise  at  this  "Christian  party  in  politics"  who  condemn 
all  their  brethren  who  will  not  unite  with  them  in  all  their 
machinery  of  societies  and  schemes  for  governing  public 
opinion  in  this  land  of  freedom ;  or  shall  I  remember  that 
if  the  wicked  one  himself  can  assume  the  form  of  an  angel 
of  light,  to  deceive  and  effect  his  diabolical  purposes,  then 
we  need  not  be  surprised  to  see  the  children  walking  in  the 
footsteps  of  their  parents?  The  fallacious  matter  con- 
tained in  this  pamphlet  and  its  senior  brother,  "William 
Penn,"  we  shall  find  to  be  strong  fjround  relied  upon  here. 
Our  opponents  here  wih  be  found  in  close  union  with  these 
cojicert  brethren.  And  here  it  is,  sir,  for  the  first  time,  we 
find  anything  like  a  tangible  form  in  the  opposition  \o 
Indian  emigration,  sustained  and  encouraged  as  it  has  been 
by  every  administration,  from  President  Jeflferson  to  Mr. 
Adams  inclusive ;  we  have  never  before  seen  a  concerted 
and  united  opposition,  nor  has  any  individual  who  had  any 
pretensions  to  the  first  honors  of  the  country  heretofore 
ventured  to  oppose  this  system. 

In  the  course  of  the  last  year,  the  numbers  over  the 
signature  of  "William  Penn"  appeared  in  the  National  In- 
telligencer, and,  although  said  to  be  written  by  a  very 
pious  man,  deeply  merged  in  missionary  eflforts,  they  evi- 
dently have  much  more  of  the  character  of  the  politician 
and  lawyer  than  that  of  an  humble  missionary.  At  the 
proper  moment  for  effect,  too,  we  see  the  distinguished 
orator  of  the  West,  he  who  filled  the  chair  which  you  now 
occupy,  entering  upon  this  subject  with  his  usual  zeal  and 
ingenuity.  This  Indian  subject  was  introduced  into  one  of 
his  set  speeches,  professedly  on  the  subject  of  African 
colonization.  But  the  two  subjects  are  adroitly  blended  to- 
gether, and  were  designed  as  a  cutting  philippic  upon 
President  Jackson  and  his  administration,  and,  at  the  same 
time,   admirably   calculated   to   organize   his   political    co- 


74 


REMOVAL  OF  IHE  CHEROKEE 


workers  in  every  part  of  the  Union.  I  was  not  surprised 
at  his  expressions  of  deep  feehngs  of  interest  for  the  suf- 
fering sons  of  Africa  and  the  forest.  It  was  to  be  expected 
from  a  popular  speech-maker.  But  I  confess  the  pious 
part  of  the  address  shocked  my  better  feehngs.  If  I  had 
been  ignorant  of  the  gentleman's  character  I  should  really 
have  considered  him  a  preacher  of  righteousness,  deeply 
imbued  with  the  spirit  of  the  age ! 

Where  do  you  find  one  solitary  opponent  of  President 
Jackson  in  favor  of  the  measure  on  your  table?  I  do  not 
know  one.  Sir,  I  have  tried  to  prevent  party  considera- 
tions from  operating  on  this  question ;  but  our  opponents 
are  an  organized  band ;  they  go  in  a  solid  column.  The 
friends  of  the  administration  are  by  no  means  united  upon 
many  subjects  of  general  policy;  each  one  thinks  and  acts 
for  himself;  but  shall  our  differences  upon  other  subjects 
operate  upon  our  judgments  in  making  up  an  opinion 
upon  this  important  subject?  Your  attention  has  been 
called  to  it  iti  the  forcible  language  of  truth,  by  your  vener- 
able Chief  Magistrate.  It  is  sustained  by  reason,  experi- 
ence, humanity,  and  every  consideration  of  wise  policy.  It 
is  a  measure  of  great  importance  to  the  interest,  peace,  and 
harmony  of  many  of  the  states ;  and  to  the  poor  afflicted 
and  perishing  Indians  it  is  a  measure  of  salvation.  No 
man  living  entertains  kinder  feelings  to  the  Indians  than 
Andrew  Jackson.  If  any  President  of  the  United  States 
has  deserved  the  appellation  of  friend  and  father  to  the  In- 
dians, it  is  he  who  is  now  at  the  helm.  Having  been  the 
instrument  of  the  Government  to  chastise  them  in  times 
that  are  gone  by,  so  far  as  to  bring  them  to  a  knowledge 
of  their  true  condition  and  duty,  he  is  the  better  qualified 
to  sympathize  with  them  in  all  their  afflictions.  He  not 
only  is,  but  has  long  been,  their  true  friend  and  benefactor. 
This  opposition  is  not  to  the  policy  proposed,  but  to  the 
man  who  recommends.  I  therefore  trust  his  friends  will 
not  be  found  in  the  ranks  of  the  enemy.  I  trust  in  God 
more  are  they  who  are  for  us  than  those  who  are  against 
us.  The  opposition  reminds  me  of  Jonah's  gourd  which 
sprung  up  in  a  night  and  perished  in  a  day.  It  could 
bear  the  light  and  heat  of  but  a  single  day,  because  there 
w-as  a  canker  at  the  root.  The  present  opposition  cannot 
stand  before  the  light  of  truth,  reason,  and  sound  policy — 
it  will  soon  pass  away. 

Upon  this  ciuestion  our  political  opponents  have 
availed  themselves  of  the  aid  of  enthusiastic  religionists, 


INDIANS    FROM    GEORGIA.  75 

to  pull  down  the  administration  of  President  Jackson. 
Sir,  pure  relii^ion  will  aid  and  strengthen  any  cause ;  but 
the  undefiled  religion  of  the  Cross  is  a  separate  and  dis- 
tinct thing  in  its  nature  and  principles  from  the  noisy 
cant  of  the  pretenders  who  have  cost  this  Government, 
since  the  commencement  of  the  present  session  of  Con- 
gress, considerably  upwards  of  $100,000  by  their  various 
intermeddlings  with  the  political  concerns  of  the  country. 
Who  compose  this  ''Christian  party  in  politics,"  here  and 
elsewhere  ?  Are  they  those  individuals  who  are  most  dis- 
tinguished for  morality  and  virtue?  I  will  leave  these 
questions  to  be  answered  by  others,  and  pass  on  to  some 
further  notice  of  the  Boston  pamphlet  from  which  we 
shall,  no  doubt,  have  many  quotations  before  we  get 
through  this  discussion. 

It  is  the  statements  found  in  these  pamphlets  and  mag- 
azines which  are  relied  on  as  truth  that  have  induced  so 
many  worthy  peopl.e  at  a  distance  to  espouse  the  cause  of 
Indian  sovereignty  as  assumed  by  the  Cherokees.  The 
general  condition  of  the  Cherokees  in  these  publications 
is  represented  as  being  quite  as  comfortable  and  prosper- 
ous— yes,  sir,  and  as  enlightened,  too,  as  the  white  popula- 
tion in  most  of  the  states.  Compare  the  pictures  drawn 
by  these  pamphlet  writers  and  memorialists  of  the  conai't 
school,  in  which  they  have  painted  Georgia  on  the  one  side 
and  the  Cherokee  sovereignty  on  the  other.  From  these 
publications  not  only  the  stranger  in  a  foreign  land  but 
the  honest  laboring  people  of  New  England,  who  stay  at 
home  and  would  mind  their  own  business  if  let  alone  by 
these  canting  fafiatics,  verily  believe  that  the  Georgians 
are  the  worst  of  all  savages ;  that  they  can  neither  read  nor 
write ;  that  they  are  infidels,  deists,  and  atheists ;  and  they 
never  hear  a  Gospel  sermon  except  from  a  New  England 
missionary.  Upon  the  other  hand  they  are  taught  to  be- 
lieve that  the  Cherokee  Indians  are  the  most  prosperous, 
enlightened,  and  religious  nation  of  people  on  earth — ex- 
cept, indeed,  the  nation  of  New  England.  These  Boston 
writers  are  not  a  people  who  work  for  nothing  and  find 
themselves.  No,  sir,  I  entertain  no  doubt  but  that  they 
are  well  paid  for  all  "their  labors  of  love"  in  the  cause  of 
Cherokee  sovereignty. 

The  Cherokees  receive  large  annuities  from  this  Gov- 
ernment ;  they  have  a  rich  treasury,  and  their  Northern 
allies  understand  giving  a  saving  direction  to  their  financial 
disbursements.     These  Northern  intruders  are  numerous 


76  REMOVAL  OF  THE  CHEROKEE 

and  influential  amongst  the  Cherokees.  One  religious 
Board  to  the  North  (of  whom  "William  Penn"  is  chief 
secretary)  furnished  the  Southern  tribes  of  Indians  with 
upwards  of  twenty  stationary  missionaries,  besides  super- 
intendents, mechanics,  &c.,  &c.,  chiefly  composed  of  our 
Northern  friends.  No  doubt.  Sir,  but  President  Ross  him- 
self, with  all  his  oflficial  subordinates,  has  long  since  found 
it  expedient  to  yield  the  chief  control  of  the  ptirse  and  the 
press,  which  you  know  are  said  to  be  the  strength  of 
nations,  to  his  more  skilful  and  eagle-eyed  friends  and 
allies.  But  for  these  annuities  we  should  not  have  been 
encumbered,  throughout  the  session,  with  memorials  from 
Maine  to  Steubenville,  in  Ohio.  These  self-enlisted  re- 
porters of  the  state  and  condition  of  the  Cherokee  Indians 
tell  you  they  are  already  a  civilized  and  Christianized  peo- 
ple. 

Abounding  in  the  necessary  comforts  of  domestic  and 
agricultural  life,  their  civil,  political,  and  religious  advance- 
ment is  ostentatiously  compared  with  the  whites  in  some 
of  the  States ;  and  for  proof  of  their  statements  they  refer 
you  to  their  hireling  letter  writers,  and  their  magazines  and 
newspapers ;  and  the  statements  drawn  from  these  sources 
are  relied  on  by  a  certain  portion  of  the  community,  in  and 
out  of  this  House,  in  preference  to  any  testimony,  what- 
ever may  be  the  merit  of  the  source  from  which  it  ema- 
nates. Now,  sir,  I  will  tell  you  how  far  these  statements 
are  to  be  relied  upon.  I  have  carefully  and  repeatedly 
examined  all  these  magazine  and  pamphlet  publications. 
They  contain  a  great  deal  of  truth,  but  not  the  whole  truth, 
and  nothing  else  but  the  truth.  These  publications  remind 
me  of  a  long  exploring  tour  which  I  made  in  the  West,  near 
twenty  years  ago.  On  my  return  home  my  friends  and 
neighbors  called  in  to  hear  the  news  from  the  Western 
country.  I  described  to  them  the  rich  and  fertile  lands  of 
the  Mississippi,  its  bountiful  productions,  &c.,  and  before  I 
got  through  with  the  good  things,  they  said,  "it  is  enough  ; 
let  us  all  remove  to  the  good  country." 

But  when  I  told  them  of  the  evil  things,  and  gave  them 
the  whole  truth,  they  changed  their  hasty  opinions,  and 
concluded  it  would  be  best  to  remain  in  their  beloved 
Georgia.  Sir,  the  application  of  this  story  is  easy — every 
gentleman  can  make  it  for  himself.  But  I  promised  to 
inform  you  how  far  these  magazine  statements  were  en- 
titled to  credit ;  but,  before  I  begin,  I  will  refer  you  to  my 
list  of  witnesses.     Thev  mav  be  found  amongst  the  Sena- 


INDIANS    FROM    GEORGIA. 


77 


tors  and  Representatives  of  the  present  Congress  from  the 
states  bordering  on  the  Cherokee  country.  I  could  multi- 
ply testimony  to  bear  me  out  in  all  that  I  have  or  shall 
say  on  this  subject;  but,  in  law,  we  consider  every  word 
established  by  the  corroborative  testimony  of  two  or  three 
witnesses.  I  admit  we  do  find  in  the  Cherokee  country 
many  families  enjoying  all  the  common  comforts  of  civil 
and  domestic  life,  and  possessing  the  necessary  means  to 
secure  these  enjoyments.  Moreover,  we  find  a  number  of 
schools  and  houses  built  for  religious  worship.  Many  of 
these  comfortable  families,  too,  are  composed  of  natives 
born  in  the  Cherokee  country.  But  the  principle  part  of 
these  enjoyments  are  confined  to  the  blood  of  the  white 
man,  either  in  whole  or  in  part.  But  few,  very  few,  of  the 
real  Indians  participate  largely  in  these  blessings.  A 
large  portion  of  the  full-blooded  Cherokees  still  remain  a 
poor  degraded  race  of  human  beings.  As  to  the  propor- 
tion that  are  comfortable,  or  otherwise,  I  cannot  speak 
from  my  own  personal  knowledge  with  any  degree  of 
certainty ;  but  from  what  I  have  seen,  I  can  readily  con- 
clude that  but  a  very  small  portion  of  the  real  Indians  are 
in  a  state  of  improvement,  whilst  their  lords  and  rulers  are 
white  men,  and  descendants  of  white  men,  enjoying  the 
fat  of  the  land,  and  enjoying  exclusively  the  Government 
annuities  upon  which  they  foster,  feed,  and  clothe  the 
most  violent  and  dangerous  enemies  of  our  civil  institu- 
tions. 

Whilst  the  smallest  intrusion  (as  it  is  called)  by  the 
frontier  citizens  of  Georgia  on  the  lands  occupied  by  the 
Cherokees  excites  the  fiery  indignation  of  the  fanatics, 
from  one  end  of  the  chain  of  concert  aytd  coalition  to  the 
other,  do  we  not  find  an  annual  increase  of  intruders, 
from  these  philanthropic  ranks,  flocking  in  upon  the  poor 
Cherokees,  like  the  caterpillars  and  locusts  of  Egypt, 
leaving  a  barren  waste  behind  them?  Yes,  sir.  these  are 
the  intruders  who  devour  the  substance  which  of  right 
belongs  to  the  poor,  perishing  part  of  the  Cherokees. 

They  divide  the  spoil  with  the  Cherokee  rulers,  and 
leave  the  common  Indians  to  struggle  with  want  and  mis- 
ery, without  hope  of  bettering  their  condition  by  any 
change  but  that  of  joining  their  brethren  West  of  the 
Mississippi. 

The  inhumanity  of  Georgia,  so  much  complained  of,  is 
nothing  more  nor  less  than  the  extension  of  her  laws  and 
jurisdiction  over  this  mingled  and  misguided  population 
who  are  found  within  her  acknowledged  limits. 


78  REMOVAL  OF  THE  CHEROKEE 

And  what,  I  would  ask,  is  to  be  found  in  all  this  that 
is  so  very  alarming?  Sir,  I  have  endeavored  to  tear  the 
mask  from  this  subject,  that  the  character  and  complexion 
of  this  opposition  might  be  seen  and  known.  The  absolute 
rulers  of  the  Cherokee  country,  like  other  men,  love  office, 
distinction,  and  power. 

They  are  enjoying  great  and  peculiar  benefits.  They 
do  not  like  the  idea  of  becoming  private  citizens.  It  is 
with  great  reluctance  they  yield  up  their  stewardship. 
They  know  they  have  not  been  faithful  to  the  intercut  of 
the  poor  degraded  Indians.  They  know  the  great  mass  of 
their  people  have  been  left  to  suffer  in  want  and  ignorance, 
whilst  they  have  spent  their  substance  in  forming  foreign 
alliances  with  an  enthusiastic,  selfish  and  money  loving 
people.  These  men,  when  incorporated  into  the  political 
family  of  Georgia,  cannot  calculate  on  becoming  at  once 
the  Randolphs  of  the  State.  And  if  they  join  the  Western 
Cherokees  they  cannot  carry  with  them  their  present 
assumed  sovereignty  and  rule. 

They  will  there  find  equals  in  many  of  their  pioneer 
brethren.  The  Cadmus  of  the  Cherokees,  George  Guess, 
and  many  others,  are  already  there.  Yes,  sir,  these  West- 
ern Cherokees  are  in  the  full  enjoyment  of  all  the  bless- 
ings of  their  emigrating  enterprise,  and  there  is  but  one 
opinion  among  them  in  regard  to  their  relative  comfort 
and  prospect  of  future  blessings.  All  the  various  emi- 
grants to  the  West  so  far  agree  as  to  authorize  the  assur- 
ance that  no  inducement  could  be  offered  to  them  strong 
enough  to  bring  them  back  again. 

The  Cherokees  and  Creeks  are  charmed  with  their 
country,  and  to  the  many  things  which  attach  to  their  com- 
fort in  it.  The  New  England  farmers  who  have  emigrated 
to  the  fertile  valleys  of  the  West  would  as  soon  consent  to 
return  to  the  barren  sand  and  sterile  rocks  of  their  native 
land  as  a  Western  Cherokee  or  Creek  would  return  to  the 
sepulchre  of  his  forefathers. 

Pages  may  be  filled  with  the  sublimated  cant  of  the  day, 
and  in  wailing  over  the  departure  of  the  Cherokees  from 
the  bones  of  their  forefathers.  But  if  the  heads  of  these 
pretended  mourners  were  waters,  and  their  eyes  were  a 
fountain  of  tears,  and  they  were  to  spend  days  and  years 
in  weeping  over  the  dep^irture  of  the  Cherokees  from 
Georgia,  yet  they  will  go.  The  tide  of  emigration,  with  the 
Indians  as  well  as  the  whites,  directs  its  course  west- 
wardly. 


INDIANS    FROM    GEORGIA.  79 

I  am  apprised,  sir,  that  principles  of  natural  law  and 
abstract  justice  have  been  appealed  to,  for  the  purpose  of 
sustaining  the  pretensions  of  the  Cherokee  Indians. 
Whatever  doctrines  may  have  been  advanced  by  theoreti- 
cal writers  upon  this  subject,  the  practical  comment  of  all 
nations  will  sustain  the  doctrines  contained  in  the  Message 
of  President  Jackson  at  the  commencement  of  the  present 
session  of  Congress,  which  reads  as  follows : 

"The  condition  and  ulterior  destiny  of  the  Indian 
Tribes  within  the  limits  of  some  of  our  states  have  become 
objects  of  much  interest  and  importance.  It  has  long  been 
the  policy  of  the  Government  to  introduce  among  them  the 
arts  of  civilization,  in  the  hope  of  gradually  reclaiming 
them  from  a  wandering  life.  This  policy  has,  however, 
been  coupled  with  another,  wholly  incompatible  with  its 
success.  Professing  a  desire  to  civilize  and  settle  them, 
we  have,  at  the  same  time,  lost  no  opportunity  to  purchase 
their  lands,  and  thrust  them  further  into  the  wilderness. 
By  this  means  they  have  not  only  been  kept  in  a  wandering 
state,  but  led  to  look  upon  us  as  unjust  and  indifferent  to 
their  fate.  Thus,  though  lavish  in  its  expenditures  upon 
this  subject,  the  Government  has  constantly  defeated  its 
own  policy  ;  and  the  Indians,  in  general,  receding  further 
and  further  to  the  West,  have  retained  their  savage  habits. 
A  portion,  however,  of  the  Southern  tribes  have  mingled 
much  with  the  whites,  and  made  some  progress  in  the  art 
of  civilized  life,  have  lately  attempted  to  erect  an  inde- 
pendent government  within  the  limits  of  Georgia  and  Ala- 
bama. These  States,  claiming  to  be  the  only  sovereigns 
within  their  territories,  extended  their  laws  over  the  In- 
dians, which  induced  the  latter  to  call  upon  the  United 
States  for  protection. 

"Under  these  circumstances,  the  c[uestion  presented 
was,  w^hether  the  General  Government  had  a  right  to  sus- 
tain those  people  in  their  pretensions?  The  Constitution 
declares  that  'no  new  state  shall  be  formed  or  erected  with- 
in the  jurisdiction  of  any  other  state.'  without  the  consent 
of  its  Legislature.  If  the  General  Government  is  not  per- 
mitted to  tolerate  the  erection  of  a  confederate  state  with- 
in the  territory  of  one  of  the  members  of  this  Union 
against  her  consent,  much  less  could  it  allow  a  foreign  and 
independent  government  to  establish  itself  there. 

"Georgia  became  a  member  of  the  confederacy  which 
eventuated  in  our  Federal  Union,  as  a  sovereign  state,  al- 
ways asserting  her  claim  to  certain  limits,  which  having 


8o  REMOVAL  OF  THE  CHEROKEE 

been  originally  defined  in  her  colonial  charter,  and  subse- 
quently recognized  in  the  treaty  of  peace,  she  has  ever 
since  continued  to  enjoy,  except  as  they  have  been  circum- 
scribed by  her  own  voluntary  transfer  of  a  portion  of  her 
territory  to  the  United  States,  in  the  articles  of  cession  of 
1802. 

"Alabama  was  admitted  into  the  Union  on  the  same 
footing-  with  the  original  states,  with  boundaries  which 
were  prescribed  by  Congress.  There  is  no  constitutional, 
conventional  or  legal  provision  which  allows  them  less 
power  over  the  Indians  within  their  borders  than  is  pos- 
sessed by  Mai'.Te  or  New  York.  Would  the  people  of 
Maine  permit  the  Penobscot  tribe  to  erect  an  independent 
government  within  their  state?  And  unless  they  did, 
would  it  not  be  the  duty  of  the  General  Government  to 
support  them  in  resisting  such  a  measure?  Would  the 
people  of  New  York  permit  each  remnant  of  the  Six  Na- 
tions within  her  borders  to  declare  itself  an  independent 
people  under  the  protection  of  the  United  States?  Could 
the  Indians  establish  a  separate  republic  on  each  of  their 
reservations  in  Ohio?  And  if  they  were  so  disposed, 
would  it  be  the  duty  of  this  Government  to  protect  them 
in  the  attempt?  If  the  principle  involved  in  the  obvious 
answer  to  these  questions  be  abandoned,  it  will  follow  that 
the  objects  of  this  Government  are  reversed;  and  that  it 
has  become  a  part  of  its  duty  to  aid  in  destroying  the  states 
which  it  was  established  to  protect. 

"Actuated  by  this  view  of  the  subject,  I  informed  the 
Indians  inhabiting  parts  of  Georgia  and  Alabama  that 
their  attempt  to  establish  an  independent  government 
would  not  be  countenanced  by  the  Executive  of  the 
United  States,  and  advised  them  to  emigrate  beyond  the 
Mississippi  or  submit  to  the  laws  of  those  states. 

"Our  conduct  towards  these  people  is  deeply  interest- 
ing to  our  national  character.  Their  present  condition, 
contrasted  with  what  they  once  were,  makes  a  most  pow- 
erful appeal  to  our  sympathies.  Our  ancestors  found  them 
the  uncontrolled  possessors  of  these  vast  regions.  By  per- 
suasion and  force,  they  have  been  made  to  retire  from 
river  to  river,  and  from  mountain  to  mountain,  until  some 
of  the  tribes  have  become  extinct,  and  others  have  but 
remnants  to  preserve,  for  awhile,  their  once  terrible  names. 
Surrounded  by  the  whites,  with  their  arts  of  civilization, 
which,  by  destroying  the  resources  of  the  savage,  doom 
him  to  weakness  and  decay,  the  fate  of  the  Mohegan,  the 


INDIANS    FROM    GEORGIA.  8l 

Narragansett,  and  the  Delaware,  is  fast  overtaking  the 
Choctaw,  the  Cherokee,  and  the  Creek.  That  this  fate 
surely  awaits  them  if  they  remain  within  the  limits  of  the 
states  does  not  admit  of  a  doubt.  Humanity  and  national 
honor  demand  that  every  effort  should  be  made  to  avert  so 
great  a  calamity.  It  is  too  late  to  inquire  whether  it  was 
just  in  the  United  States  to  exclude  them  and  their  terri- 
tory within  the  bounds  of  new  states  whose  limits  they 
could  not  control. 

"That  step  cannot  be  retraced.  A  state  cannot  be  dis- 
membered by  Congress,  or  restricted  in  the  exercise  of  her 
Constitutional  power.  But  the  people  of  those  states,  and 
of  every  state,  actuated  by  feelings  of  justice  and  regard 
for  our  national  honor,  submit  to  you  the  interesting 
question  whether  something  cannot  be  done,  consistently 
with  the  rights  of  the  states,  to  preserve  this  much  injured 
race? 

"As  a  means  of  effecting  this  end,  I  suggest  for  your 
consideration  the  propriety  of  setting  apart  an  ample  dis- 
trict west  of  the  Alississippi,  and  without  the  limits  of  any 
state  or  territory  now  formed,  to  be  guaranteed  to  the  In- 
dian tribes  as  long  as  they  shall  occupy  it ;  each  tribe  hav- 
ing a  distinct  control  over  the  portion  designated  for  its 
use.  There  they  may  be  secured  in  the  enjoyments  of  Gov- 
ernments of  their  own  choice,  subject  to  no  other  control 
from  the  United  States  than  such  as  may  be  necessary  to 
preserve  peace  on  the  frontier  and  between  the  several 
tribes.  There  the  benevolent  may  endeavor  to  teach  them 
the  arts  of  civiHzation,  and,  by  promoting  union  and  har- 
mony among  them,  to  raise  up  an  interesting  common- 
wealth, destined  to  perpetuate  the  race,  and  to  attest  the 
humanity  and  justice  of  this  government. 

"This  emigration  should  be  voluntary ;  for  it  would  be 
as  cruel  as  unjust  to  compel  the  aborigines  to  abandon 
the  graves  of  their  fathers,  and  seek  a  home  in  a  distant 
land.  But  they  should  be  distinctly  informed  that  if  they 
remain  within  the  limits  of  the  states  they  must  be  subject 
to  their  laws.  In  return  for  their  obedience,  as  individuals, 
they  will  without  doubt  be  protected  in  the  enjoyment  of 
those  possessions  which  they  have  improved  by  their 
industry. 

"But  it  seems  to  me  visionary  to  suppose  that,  in  this 
state  of  things,  claims  can  be  allowed  on  tracts  of  country 
on  which  they  have  neither  dwelt  nor  made  improvements, 
merely  because  they  have  seen  them  from  the  mountain,  or 


82  REMOVAL  OF  THE  CHEROKEE 

passed  them  in  the  chase.  Submitting  to  the  laws  of  the 
states,  and  receiving  Hke  other  citizens  protection  in  their 
persons  and  property,  they  will,  ere  long,  become  merged 
in  the  mass  of  our  population." 

Mr.  Chairman,  the  extract  from  President  Jackson's 
Message,  just  read,  is  an  unanswerable  speech  in  favor  of 
the  entire  measure  on  your  table.  Moreover,  short  as  it  is, 
it  contains  an  irrefutable  argument  against  everything 
which  can  be  devised  by  the  ingenuity  of  our  opponents 
upon  this  subject.  They  may  theorize  upon  the  subject 
as  to  what  ought  and  what  might  have  been  done  in  rela- 
tion to  the  Indians ;  they  may  calmly  look  on  and  advise 
those  who  are  in  pain  to  be  easy  and  quiet ;  they  may  give 
lectures  upon  morality,  humanity,  and  benevolence,  by 
an  imaginary  state  of  things  which  does  not  exist ;  but  the 
President  of  the  United  States,  with  his  usual  practical 
good  sense,  takes  up  the  subject  as  it  actually  exists, 
points  out  the  course  which  should  be  pursued  as  best  cal- 
culated to  benefit  the  Indians,  as  well  as  the  states,  and 
tells  you  plainly  no  other  alternative  is  left  that  will  not 
terminate  in  the  destruction  of  the  Indians,  as  well  as  the 
rights  and  soverignty  of  the  states.  Yes,  sir,  good  and 
evil  are  placed  before  you.  The  only  hope  of  the  salvation 
of  the  Indians  is  in  your  hands.  Their  destiny  is  suspended 
on  a  single  thread.'  God  forbid  that  I  should  ever  be  so 
far  infatuated  by  party  prejudice  for  or  against  any  man, 
or  set  of  men,  as  to  be  induced  to  use  my  influence  to  de- 
stroy the  remnant  of  the  sons  of  the  forest,  or  jeopardize 
the  best  interests,  the  peace,  harmony,  and  prosperity  of 
any  of  the  States  or  Territories  of  this  Union.  Sir,  I  never 
shall  enter  the  partizan  list  to  such  an  extent.  I  love  my 
friends,  but  I  love  my  country  more.  It  gives  me  pain  to 
be  under  the  necessity  of  making  the  allusions  which  I 
have  done  to  individuals,  societies,  and  sections  of  our 
country.  I  would  gladly  have  avoided  it,  and  nothing 
but  a  sense  of  duty  could  have  influenced  me  to  expose 
the  opposition  to  this  measure  as  I  have  done.  I  hope, 
however,  that  the  spirit  and  intention  of  my  remarks  v.ill 
not  be  misconstrued.  I  entertain  no  hostile  or  unfriendly 
feelings  toward  any  human  being.  Everything  that  de- 
serves approbation  or  admiration,  in  every  section  of  my 
whole  country,  is  dear  to  my  heart.  I  have  not  travelled 
out  of  the  path  of  my  duty  to  commence  attacks  on  any 
individual  or  community,  but,  without  intimidation,  I  have 
acted  on  the  defensive.  This,  sir,  was  due  to  my  con- 
stituents   as  well  as  myself. 


INDIANS    FROM    GEORGIA.  83 

Having  said  so  much  in  regard  to  the  President's 
Message,  I  will  return  to  the  elementary  writers  upon 
natural  law,  but  shall  give  no  quotations  from,  or  com- 
ment upon  what  or  on  what  they  have  not  written.  I  merely 
refer  to  them  for  the  purpose  of  saying  I  think  a  fair, 
practical  comment  upon  those  laws,  so  far  as  they  relate  to 
the  subject  under  consideration,  may  be  found  in  the  his- 
tory of  the  Colonial,  State,  and  General  Govern- 
ments of  this  country.  If  this  proposition  be  admitted, 
it  is  visionary  to  suppose  that  the  Indian  claims  can  be 
sustained  to  large  tracts  of  country  on  which  they  have 
neither  dwelt  nor  made  improvements,  merely  because 
they  have  seen  them  from  the  mountain  or  passed  them  in 
the  chase. 

In  all  the  acts,  first  by  the  Colonies,  and  afterwards  by 
the  State  Governments,  the  fundamental  principles,  that 
the  Indians  had  no  right  either  to  the  soil  or  sovereignty 
of  the  countries  they  occupied  has  never  been  abandoned, 
either  expressly  or  by  implication.  The  rigor  of  the  rule 
for  excluding  savages  from  the  soil,  to  make  room  for 
agriculturalists,  has  been  mitigated,  the  earth  being  in- 
tended for  the  benefit  of  all  mankind.  The  Indians  are 
secured  in  a  sufficient  quantity  of  the  lands  they  occupy 
for  every  useful  agricultural  purpose.  Hence  we  find 
reservations  made  to  the  Indians  in  most  of  the  old 
states,  as  well  as  the  Federal  Government.  It  is  believed 
that  no  respectable  jurist  would  risk  his  reputation  that  a 
right  to  land  could  be  maintained  before  any  of  our  Courts, 
State  or  Federal,  Vv'hen  the  title  has  been  derived  from  In- 
dians, unless  the  land  has  been  granted  or  patented  by  the 
Federal  or  State  Governments. 

The  practice  of  buying  Indian  lands  is  nothing  more 
than  the  substitute  of  humanity  and  benevolence,  and  has 
been  resorted  to  in  preference  to  the  sword,  as  the  best 
means  for  agricultural  and  civilized  communities  entering 
into  the  enjoyment  of  their  natural  and  just  right  to  the 
benefits  of  the  earth,  evidently  designed  by  Him  who 
formed  it  for  purposes  more  useful  than  Indian  hunting 
grounds. 

When  the  Indians  in  a  colony  or  state  were  numerous, 
powerful  and  warlike,  it  has  been  the  practice  of  all  to 
conciliate  them  by  entering  into  condescending  compacts 
and  treaties,  and  thus  effect  by  prudence  what  they  were 
unable  to  perform  by  force.  By  all  the  old  states,  except 
Georgia,  this  kind  of  treaty  legislation  has  long  since  been 


F4  REMOVAL  OF  THE  CHEROKEE 

abandoned,  and  direct  legislation  for  the  control  and 
government  of  the  Indians  substituted  in  lieu  thereof. 
The  opnion  of  the  Supreme  Court,  referred  to  by  my 
friend  (Mr.  Bell)  from  Tennessee,  I  believe  is  considered 
and  received  as  orthodox  by  every  state  in  the  Union,  in 
which  the  distinguished  and  learned  Judge  Spencer,  (now 
a  member  of  the  H.  Reps.)  declared  "that  he  knew  of  no 
half  way  doctrine  on  this  subject."  If  a  state  has  jurisdic- 
tion at  all,  it  has  coipplete  and  entire  jurisdiction.  The 
principal  upon  which  jurisdiction  is  assumed  does  not 
admit  of  division. 

Sir,  much  has  been  said  and  written  with  a  view  of 
maintaining  the  doctrine  of  Indian  sovereignty,  and  I 
admit  many  of  the  acts  of  the  General  and  State  Govern- 
ments may  be  selected,  apart  from  their  general  policy, 
which  would  seem  to  afiford  support  to  this  position.  Yet, 
when  we  take  the  whole  policy  and  history  of  these  Gov- 
ernments as  exhibiting  an  entire  system,  it  must  be  ad- 
mitted they  have  never  hesitated  to  extend  their  sov- 
ereignty over  the  Indians  in  their  respective  spheres,  when 
it  was  deemed  expedient  to  bring  them  under  their  laws 
and  jurisdiction  ;  unless,  indeed,  we  find  this  hesitancy  in 
the  absence  of  physical  power. 

Here  I  will  remark,  Mr.  Chairman,  that  the  only  rea- 
son why  any  state  in  this  Union  has  permitted  the  inter- 
ference, or  sought  the  aid  of  the  General  Government 
to  take  any  part  in  the  management  and  control  of  the 
Indian  Tribes  residing  within  their  respective  boundaries, 
has  been  on  account  of  their  physical  weakness,  and  they 
have,  therefore,  looked  to  this  Government  for  that  aid 
and  succor,  to  afford  which  it  was  established  by  the  sev- 
eral states  of  this  Union.  Yes,  sir,  this  Government  was 
formed  to  protect,  and  not  to  destroy,  the  State  Govern- 
ments. In  all  the  states  we  find,  so  soon  as  the  Indians 
were  reduced  to  a  condition  that  no  danger  was  to  be 
apprehended  from  their  power  and  hostility,  the  states 
have  invariably  taken  their  Indian  affairs  into  their  own 
hands,  and  no  longer  looked  to  the  Federal  arm  for  aid. 

Upon  every  branch  of  this  subject  it  is  necessary  con- 
stantly to  keep  in  view  the  distinction  between  privileges 
and  communities.  The  states  have  privileged  the  General 
Government  to  assume  the  management  of  very  important 
matters  connected  with  their  Indian  relations.  Yes,  sir, 
the  aid  of  this  Government  has  often  been  sought  in  those 
matters ;  nevertheless,  while  the  states  thus  sought  and 


INDIANS    FROM    GEORGIA.  85 

assented  to  this  exercise  of  power  on  the  part  of  the  Gen- 
eral Government,  it  was  from  motives  of  prudent  poHcy 
and  interest.  No  state  of  the  Union  ever  saw  the  time  that 
they  would  have  yielded  to  this  exercise  of  power,  when 
claimed  as  a  right,  and  attempted  to  be  enforced  contrary 
to  the  wishes  of  the  state.  It  is  the  same  case  in  regard  to 
the  Indians  residing  in  a  state.  They  are  privileged,  in 
very  many  respects,  far  beyond  their  rights  or  immunities. 
While  the  population  of  a  state  is  small,  and  its  territory 
extensive,  large  tracts  of  country  are  permitted  to  remain 
for  the  use  and  privilege  of  the  Indians,  to  hunt  and  roam 
from  place  to  place.  They  are  also  left  to  regulate  their 
own  affairs  according  to  their  own  customs,  without  any 
interference  on  the  part  of  the  state.  But  when  this  state 
of  things  becomes  changed,  as  it  now  has  in  Georgia,  the 
State  is  of  necessity  compelled  to  assert  and  maintain  her 
rights  of  sovereignty  and  jurisdiction. 

If  the  question  of  the  right  of  Georgia  to  unqualified 
jurisdiction  within  her  own  limits  is  considered  as  forming 
any  part  of  the  subject  under  consideration,  by  implication 
or  otherwise,  I  think  I  may,  with  great  confidence,  look  to 
this  House  for  a  just  decision.  But  should  I  be  disap- 
pointed in  an  American  Congress,  I  will  then  appeal  to 
the  people  and  States  of  the  Union.  Congress  have  some- 
times failed  to  obey  the  will  of  their  constituents,  and  they 
may  do  so  upon  the  present  occasion.  If  they  do,  I  look 
to  the  unofBcial  sovereign  people  to  apply  the  proper 
remedy. 

Mr.  Chairman,  my  physical  strength  admonishes  me  to 
draw  to  a  close,  and  but  for  the  peculiar  situation  in  which 
I  stand  related  to  the  subject,  and  the  more  forcible  con- 
sideration that  the  character  of  Georgia  should  be  vindi- 
cated and  exculpated  from  the  many  aspersions  and  cal- 
umnies cast  upon  her,  here  and  elsewhere,  my  remarks 
would  have  been  few,  and  strictly  confined  to  the  subject, 
but  much  as  I  have  already  said,  and  desultory  as  I  know 
my  remarks  have  been,  I  must  beg  leave  to  ask,  in  the 
name  and  behalf  of  the  people  of  Georgia,  a  comparison 
between  her  laws  and  proceeding  with  those  of  any  one 
of  he'r  sisters  of  the  old  thirteen  who  achieved  the  glory 
of  our  liberty  and  independence. 

In  humanity,  forbearance,  and  liberality  towards  the 
Indians,  Georgia  has  no  superior,  if  she  does  not  stand 
pre-eminent.  The  prosperity  and  advancement  of  the  In- 
dians within  her  boundaries    is  the  theme  of  Indian  his- 


86  REMOVAL  OF  IHE  CHEROKEE 

tory,  and  the  glory  of  missionary  efforts.  Volumes  have 
already  been  written,  and  sent  to  every  quarter  of  the 
globe,  to  carry  the  glad  tidings  of  the  advancement  and 
reformation  of  the  Georgia  Indians.  And  yet,  Sir,  have  you 
not  from  day  to  day,  throughout  this  long  session,  seen  the 
provocations  teeming  upon  President  Jackson  and  the 
Georgians,  and  a  spirit  of  asperity  rarely  witnessed  in  this 
or  any  other  country?  Martyrdom,  the  fagot,  the  flame, 
and  stake,  seem  to  inspire  the  ardent  hopes  and  ambition 
of  our  opponents.  Sir,  Georgia  would  turn  away  from 
such  sacrifices ;  she  requires  no  such  immolation  to  re- 
strain the  impetuosity  of  her  citizens  from  acts  of  inhu- 
manity and  violence  towards  the  Indians,  or  any  other 
people.  If  you  want  any  evidence  of  the  generous  spirit 
and  liberality  of  Georgia,  turn  your  eye  to  the  maps  which 
adorn  your  walls ;  look  upon  the  two  flourishing  states  of 
Alabama  and  Mississippi ;  for  these  States  may,  to  a  con- 
siderable extent,  be  considered  a  donation  on  the  part  of 
Georgia  to  this  confederation  of  states.  It  is  true  Geor- 
gia did,  at  the  time  she  ceded  that  territory  to  the  Union, 
expect  to  relieve  herself  thereby  of  litigation  and  embar- 
rassments with  which  she  was  harassed,  and  which  were 
of  an  unpleasant  and  perplexing  nature ;  and  her  compact 
with  this  Government,  in  1802,  secured  the  pledge  and 
faith  of  the  Federal  Government  to  effect  these  desirable 
objects  for  Georgia.  Yes,  sir,  from  the  signing  of  the 
compact  of  1802,  Georgia  had  a  right  to  expect  peace  and 
quiet  on  the  subject  of  the  Yazoo  speculation,  as  well  as 
a  speedy,  reasonable,  and  peaceable  relief  from  all  Indian 
claims  to  lands  within  her  borders.  But,  Sir,  we  have  ex- 
perienced a  ten-fold  portion  of  that  disappointment  which 
the  vicissitudes  of  fortune  bring  to  man. 

What  has  been  the  history  of  the  engagements  formed 
by  that  compact?  Let  facts  answer  this  question.  From 
that  day  to  this,  Georgia  has  been  the  subject  of  unre- 
mitted and  unmerited  abuse.  While  the  claims  of  the 
Yazoo  speculators  were  pending  before  this  Government, 
it  was  seized  upon  as  a  fit  occasion,  by  prejudice  and  ig- 
norance, to  censure  and  revile  Georgia,  apparently  forget- 
ting the  fact  that  this  Government  had  been  a  great 
gainer  by  the  misfortunes  of  Georgia,  and  had  actually 
received  an  hundred-fold  for  all  its  troubles  and  expense 
in  settling  and  quieting  these  claims. 

Again,  sir,  from  that  day  to  this,  whenever  the  subject 
of  extinguishing  Indian  title  to  lands  within  the  limits  of 
Georgia  has  offered  the  slightest  opportunity  for  declama- 


INDIANS    FROM    GEORGIA.  87 

tion,  we  have,  with  deep  regret,  discovered  the  same  spirit 
which  the  gentleman  from  New  York  (Mr.  Storrs)  has 
manifested  upon  the  present  occasion. 

But,  sir,  I  will  not  dwell  upon  the  wrongs  of  Georgia. 
It  is  the  province  of  weakness  to  complain.  We  have 
sought  from  this  Government  our  rights  in  the  fulfilment 
of  her  engagement  with  us.  They  have  long  been  with- 
held, upon  frivolous  excuses.  We  had  lost  confidence  in 
any  appeals  which  we  could  make  to  this  Government ; 
that  confidence  has  been  restored  to  the  Executive  branch 
of  the  Government  by  the  course  which  has  been  marked 
out  and  pursued  by  our  present  Chief  Magistrate.  He  has 
spread  his  opinions  before  the  Nation  in  relation  to  the 
claims  and  rights  of  Georgia  upon  the  Indian  subject. 
Georgia  is  now  waiting  to  hear  the  response  of  this 
branch  of  the  General  Government.  A  disposition  mani- 
fested on  your  part  to  make  reparation  to  Georgia  for  the 
multiplied  wrongs  which  she  has  endured  will  be  grateful 
to  the  feelings  of  every  Georgian. 

Rut,  sir,  arraigned  as  we  are  at  your  bar,  we  have  no 
supplications  to  make.  We  deny  your  right  of  jurisdic- 
tion. Upon  the  subject  of  our  sovereignty  we  fear  nothing 
from  your  sentence.  Our  right  of  sovereignty  will  not  be 
yielded.  If  you  do  not  perform  your  duty,  by  withholding 
your  opposition  to  long-delayed  justice,  and  fulfil  the  con- 
ditions of  your  contract  of  twenty-eight  years'  standing, 
I  would  then  advise  you  to  let  us  alone,  and  leave  us  to 
manage  our  own  affairs  in  our  own  way.  While  I  would 
scorn  to  be  heard  in  the  tone  of  supplication,  in  reference 
to  the  rights  of  my  constituents,  I  would,  nevertheless,  as 
the  sincere  and  candid  friend  of  the  Cherokee  Indians,  use 
the  language  of  expostulation  in  their  behalf.  The  Chero- 
kees,  as  well  as  the  Georgians,  are  tired  of  suspense.  A 
crisis  has  arrived  which  calls  for  action.  Things  can  no 
longer  remain  in  their  present  state. 

Some  acknowledged,  competent  authority  must  be  sus- 
tained in  what  is  called  the  Cherokee  country.  In  its  ab- 
sence we  may  daily  expect  to  hear  of  anarchy  and  blood. 
It  is  not  only  intruders  from  Georgia,  but  from  various 
ether  states,  who  have  recently  rushed  into  the  Cherokee 
country,  to  avail  themselves  of  the  advantages  which  may 
be  found. 

Give  your  support  to  the  bill  under  consideration. 
Hold  out  no  vain  and  delusive  hopes  to  these  sons  of  the 
forest.  The  history  of  the  past  gives  them  strong  claims 
on  our  sympathy,  benevolence,  and  liberality.     Join  us  in 


88  REMOVAL  OF  THE  CHEROKEE 

the  great  effort  to  save  the  remnant  tribes  of  the  aborigi- 
nes. They  are  a  peculiar  people.  They  look  back  to  the 
time  when  they  were  the  undisputed  masters  of  this 
mighty  continent.  They  see  in  the  future  no  reward  for 
ambition  or  exertion,  unless  you  plant  them  in  permanent 
homes,  where  the  extended  views  of  their  true  friends  and 
benefactors  may  systematically  go  forward  with  some 
prospect  of  success. 


CHAPTER  VII 

As  I  write  for  the  information  of  those  who  may  sur- 
vive me,  and  upon  subjects  identified  with  my  own  Hfe, 
I  do  not  feel  at  Hberty  to  with-hold  from  the  reader 
either  records,  facts,  or  opinions  which  I  may  have  enter- 
tained, which  I  deem  to  be  necessary  to  the  ehicidation 
of  the  subjects  upon  which  I  dwell.  I  feel  it  my  duty  in  a 
special  manner  to  dwell  somewhat  at  large  upon  the  his- 
tory of  the  relations  which  have  existed  between  both 
the  Federal  and  vState  Governments  of  our  country  and 
the  Indian  tribes  who  preceded  Europeans  in  the  occu- 
pancy of  this  country.  The  history  of  my  own  State,  in 
connection  with  Indian  afifairs,  fills  many  pages  on  the 
records  of  our  State  and  General  Government.  And  the 
Cherokees,  the  last  lingering  tribe  removed  from  the 
limits  of  Georgia,  are  in  many  respects  pre-eminently  dis- 
tinguished in  the  history  of  the  past,  and  often  at  the  ex- 
pense of  the  character  of  Georgia  and  her  prominent 
citizens  who  happened  to  be  at  the  helm  of  public  affairs 
in  the  State  at  the  time  of  the  greatest  difficulty  with 
this  tribe  of  the  aboriginal  race.  And  should  the  histori- 
cal and  official  records  of  the  country  prove  that  I  have 
done  more  than  others  in  expediting  and  consummating 
termination  of  the  difficulties  and  embarrassments  in  the 
removal  of  the  Indians  from  the  different  States  and  Ter- 
ritories, and  the  Cherokees  especially,  from  the  limits  of 
Georgia,  by  colonizing  and  collecting  them  in  a  suitable 
country  for  their  well  being  to  the  west  of  the  Mississippi, 
and  out  of  the  limits  of  all  the  States  and  Territories  of 
the  Union,  then  may  I  not  claim  the  reward  of  having 
rendered  efficient  aid  in  a  good  cause  by  many  years  of 
toil,  hazard  and  labor,  in  benefiting  the  State,  as  well  as 
the  Indians?  Moreover,  in  having  aided  in  improving 
the  policy  and  intercourse  of  civilized  Governments  to- 
wards a  dependent  and  subdued  remnant  of  the  wild  men 
of  America?  If  I  may  be  allowed  to  discriminte  in  the 
labors  of  my  own  life,  I  would  put  a  higher  estimate  on 
the  many  years  of  toil  spent  in  connection  with  Indian 
affairs   than  any  one  branch  of  my  public  labor. 

I  hope  I  may  not  be  thought    assuming    while    I    ask 

(89) 


go  REMOVAL  OF  IHE  CHEROKEE 

that  my  various  and  long  continued  efforts  in  connection 
with  Indian  affairs  may  be  measured  by  the  success  which 
attended  them.  And  in  order  to  afford  the  means  to  every 
one  who  may  desire  a  correct  knowledge  of  these  im- 
portant matters  of  history,  I  herewith  submit  for  consid- 
eration various  official  documents,  and  only  require  the 
readers'  serious  consideration  and  reflection,  in  order  to 
come  to  correct  conclusions  in  regard  to  all  these  matters. 
And  having  entered  so  far  upon  this  subject,  I  will  drop 
for  the  present  my  general  narrative,  and  consecutively 
place  before  the  reader  many  of  the  most  prominent 
documents  which  I  deem  necessary  to  sustain  all  that  I 
have  assumed  in  regard  to  this  subject. 

And  in  order,  to  a  clear  understanding  of  the  docu- 
ments which  I  intend  to  submit,  it  is  necessary  briefly  to 
state  the  order  of  the  public  positions  which  I  occupied 
from  1830  to  1840.  In  October,  1830,  I  was  again 
elected  a  member  of  (the  22nd)  Congress,  and  in  the  De- 
cember following  proceeded  to  Washington,  and  served 
out  my  term  (till  the  4th  of  March,  1831)  as  a  member  of 
the  2ist  Congress.*  During  this  session,  I  became  con- 
vinced, from  the  very  numerous  communications  received 
from  my  constituents,  that  I  could  not  satisfy  my  friends 
at  home  without  becoming  a  candidate  for  Governor  of 
Georgia  at  the  next  October  election.  I  deeply  regretted 
this  feeling  on  the  part  of  my  friends  and  constituents, 
and  by  numerous  letters  written  in  reply  to  those  received 
on  the  subject  I  endeavored  to  convince  my  friends 
that  it  would  be  best  for  me  to  serve  out  the  two  years  in 
Congress  to  which  I  was  already  elected.  And  I  was  alto- 
gether sincere  in  desiring  to  continue  in  Congress  at  this 
time.  My  success  in  all  my  measures  in  regard  to  Indian 
affairs,  and  my  assiduous  devotion  to  all  my  duties  as  a 
member  of  Congress,  as  well  as  the  experience  which  I 
had  gained  from  six  years'  service  in  that  body,  all  tended 
to  give  me,  as  I  thought,  a  more  favorable  position  for 
extended  and  general  usefulness  to  the  country,  as  a  mem- 
ber of  Congress.  Moreover,  I  thought  my  position  alto- 
gether favorable  to  still  urge  on  my  policy  of  the  general 
emigration  of  the  Indians  to  the  West,  including  the  Cher- 
okees  of  Georgia.  And  I  was  apprised  that  many  of  my 
constituents  thought  that  if  I  was  in  the  Executive  Chair 
of  Georgia  I  could  succeed  in  the  removal  of  the  Chero- 
kees    more  speedily    than  could  be  done  by  my  efforts  at 

*  The  2d  session  of  the  21st  Congress  began  Dec.  6,  1S30,  and  ended  March  4^ 
1831.    The  ist  session  of  the  22d  Congress  began  Dec.  5,  1S31. 


INDIANS    FROM    GEORGIA.  gj 

Washington.  I  was  fully  apprised  too  of  all  the  difificul- 
ties    I  had  to  encounter,  if  elected  to  the  Executive  Chair. 

First,  1  should  have  to  encounter  the  displeasure  of 
Governor  Gilmer,  then  Governor  of  Georgia,  and  desirous 
of  re-election,  as  well  as  that  of  his  numerous  friends  and 
supporters.  Moreover,  I  knew  that  my  policy  on  the  In- 
dian subject  would  differ  from  his  on  some  very  im- 
portant points  which  would  divide  the  councils  and 
strength  of  the  State. 

Furthermore,  although  I  knew  my  popularity  with  the 
people  of  Georgia  as  a  Congressman,  I  did  not  feel  as- 
sured that  they  wished  to  change  my  position  at  the  ex- 
pense of  expelling  Governor  Gilmer  from  the  Executive 
Chair ;  for  I  considered  him  a  man  of  great  popularity  in 
Georgia.  Under  all  these  circumstances  my  reluctance 
was  very  strong,  while  yielding  to  the  demand  of  my 
friends.  But  I  was  forced  to  become  a  candidate,  and 
was  elected  in  Oct.,  1831,  Governor  of  Georgia,  by  a 
majority  of  about  fifteen  hundred  votes.  And  on  the  9th 
of  Nov.  following,  after  the  ordinary  ceremonies  of  inaug- 
uration, and  delivering  the  following  address,  and  taking 
the  oaths  of  office  required  by  the  Constitution,  I  entered 
on  the  duties  of  my  office. 


INAUGURAL  ADDRESS. 

Fellow  Citizens : 

Called  by  the  voice  of  the  people  of  Georgia  to  the  first 
office  within  their  gift,  I  approach  the  responsibilities  of 
the  station  with  unaffected  humility  and  diffidence.  But 
for  a  firm  reliance  on  that  wisdom  which  comes  from 
above,  and  an  unshaken  confidence  in  the  virtue  and  intel- 
ligence of  my  constituents.  I  should  shrink  from  the  mag- 
nitude of  the  arduous  and  complicated  duties  of  the  office 
confided. 

The  basis  of  my  political  creed  is  confidence  in  the 
unofficial,  sovereign  people.  They  are  the  only  legiti- 
mate source  of  all  governmental  power,  and  I  believe  them 
to  be  not  only  capable  of  5<?/y-government,  but  of  wise 
self-government.  Therefore,  my  only  hope  of  retaining 
their  confidence  will  be  in  a  faithful  discharge  of  my  pub- 
lic duty. 

To_  this  station  I  bring  no  spirit  of  party  animositv, 
or  political  strife.  I  have  no  pledges  to  redeem,  nor  vin- 
dictive feelings  to  gratify.    I  am  now  the  servant  of  all. 


92  REMOVAL  OF  THE  CHEROKEE 

I  avail  myself  of  this  occasion  to  re-affirm  what  I  stated 
to  the  public  in  February  last:  that  "it  is  my  most  ardent 
desire  to  see  the  whole  people  of  Georgia  united  on  the 
great  subjects  of  political  interest  and  principle,  which  are 
inseparably  connected  with  Hberty,  and  the  perpetuation  of 
our  Federal  Union.  'The  Federal  U?iioji  ynust  be  pre- 
served,' and  it  can  only  be  done  by  the  General  and  State 
Governments  confining  themselves  within  their  respective 
constitutional  spheres." 

Pure  patriotism  demands  of  every  public  functionary 
a  voluntary  sacrifice  of  all  political  prejudices  which  may 
stand  opposed  to  the  public  interest.  Thus  far  I  make  a 
free-will  offering  of  my  own,  on  the  altar  of  the  public 
good. 

In  the  presence  of  that  portion  of  my  fellow  citizens 
here  assembled,  and  in  that  of  Heaven,  I  now  proceed  to 
bind  myself  by  the  solemnities  of  the  most  sacred  obliga- 
tion to  discharge,  with  zeal  and  fidelity,  the  duties  of  the 
high  trvist  to  which  I  have  been  called. 

I  then  repaired  to  the  Executive  Chamber,  accompanied 
by  Governor  Gilmer  who  politely  pointed  me  to  the  chair 
of  state,  made  his  bow  and  retired.  The  whole  of  his  sec- 
retaries, together  with  every  other  person  connected  with 
the  office,  except  his  messenger.  Peter  Fair,  (since  pro- 
moted to  higher  stations  by  me)  followed  the  Governor, 
leaving  me  to  search  for  papers  called  for  by  the  Legisla- 
ture, and  to  acquire  a  knowledge  of  the  arrangement  of 
the  office  papers,  without  the  slightest  assistance  from 
any  of  the  former  inmates  of  the  Department. 

And  in  order  that  the  readers  may  form  some  adequate 
idea  of  my  true  position,  I  will  here  state  that  a  decided 
majority  of  both  branches  of  the  Legislature  had  been 
opposed  to  my  election,  and  had  consequently  organized 
their  bodies,  by  electing  officers  of  both  houses  who  coin- 
cided with  their  own  views.  Moreover,  in  a  few  days 
after,  all  the  State  House  officers,  Judges  of  the  Superior 
Courts,  and  every  other  office  subject  to  be  filled  by  the 
Legislature,  was  occupied  by  individuals  who  had  op- 
posed my  election. 

The  records  of  Georgia  will  show  that,  at  the  time  I 
entered  upon  the  duties  of  the  Executive  office,  every 
other  high  office  in  the  State,  including  both  branches  of 
Congress,  were  opposed  to  my  election.  And  lest  it  should 
be  omitted  hereafter,  I  will  here  state  that  when  I  left 
the  Executive  office  of  Georgia,  at  the  end  of  my  four 


INDIANS    FROM    GEORGIA. 


93 


years'  service,  the  whole  of  these  officers,  inchiding  my 
successor,  were  my  poHtical  friends  and  supporters. 

I  availed  myself  of  the  best  help  I  could  procure  as 
secretaries  to  the  Executive  Department,  and  it  was  but 
a  short  time  before  I  became  familiar  with  the  arrange- 
ment of  the  papers  of  the  office. 

But  to  return  to  that  which  is  more  important  in  con- 
nection with  my  official  duties.  On  the  25th  day  of  No- 
vember, 1831,  I  made  the  following  communication  to  the 
Legislature : 

Executive   Department,   Georgia, 

Milledgeville,  25th  Nov.,  1831. 

To  the  Senate  and  House  of  Representatives : 

I  submit  to  the  General  Assembly  for  its  consideration 
copies  of  two  communications  received  yesterday,  purport- 
ing to  be  signed  by  Henry  Baldwin,  Esq.,  one  of  the  Jus- 
tices of  the  Supreme  Court  of  the  United  States,  and  to  be 
citations  to  the  State  of  Georgia  to  appear  in  the  Supreme 
Court,  on  the  second  Monday  in  January  next,  to  show 
cause  before  that  tribunal  why  two  several  judgments 
should  not  be  set  aside,  which  have  been  lately  rendered 
in  the  Superior  Court  of  the  county  of  Gwinnett,  against 
Samuel  A.  Worcester  and  Elizur  Butler,  for  a  violation  of 
an  existing  law  of  the  State,  committed  within  its  jurisdic- 
tional limits ;  also  a  copy  of  a  notice  purporting  to  be 
signed  by  William  Wirt  and  John  Sergeant,  as  council 
for  Samuel  A.  Worcester  and  Elizur  Butler,  informing  me 
of  an  intended  application  to  the  Supreme  Court  for  a 
hearing  on  writs  of  error  filed  by  those  persons. 

The  obvious  object  of  the  proceedings  to  which  this 
notice  and  these  citations  relate  is  to  call  in  question  and 
attempt  to  overthrow  that  essential  jurisdiction  of  the 
State  in  criminal  cases,  which  has  been  vested  by  our  Con- 
stitution in  the  Superior  Courts  of  the  several  counties  of 
this  State. 

My  respect  for  the  Supreme  Court  of  the  United  States 
as  a  fundamental  Department  of  the  Federal  Government 
induces  me  to  indulge  the  earnest  hope  that  no  mandate 
will  ever  proceed  from  that  Court,  attempting  or  intending 
to  control  one  of  the  sovereign  States  of  this  Union  in  the 
free  exercise  of  its  constitutional,  criminal,  or  civil  juris- 
diction. "The  powers  not  delegated  by  the  Constitution  to 
the  United  States,  nor  prohibited  by  it  to  the  States,  are 
reserved  to  the  States  respectively." 


94  REMOVAL  OF  THE  CHEROKEE 

Such  a  control  over  our  criminal  jurisdiction  as  these 
proceedings  indicate,  it  is  believed,  has  not  been  delegated 
to  the  United  States,  and  consequently  cannot  be  acqui- 
esced in  or  submitted  to. 

Any  attempt  to  infringe  the  evident  right  of  the  State 
to  govern  the  entire  population  within  its  territorial  limits, 
and  to  punish  all  offences  committed  against  its  laws 
within  those  limits  (due  regard  being  had  to  the  cases  ex- 
pressly excepted  by  the  Constitution  of  the  United  States), 
would  be  the  usurpation  of  a  power  never  granted  by  the 
States ;  such  an  attempt,  whenever  made,  will  challenge  the 
most  determine-';  resistance,  and  if  persevered  in  will  evi- 
dently eventuate  in  the  annihilation  of  our  beloved  country. 

In  exercisinp;  the  authority  of  that  Department  of  the 
Government  which  devolves  on  me,  I  will  disregard  all 
unconstitutional  requisitions,  of  whatever  character  or 
origin  they  may  be,  and  to  the  best  of  my  ability  will  pro- 
tect and  defend  the  rights  of  the  State,  and  use  the  means 
afforded  me  to  maintain  its  laws  and  Constitution. 

WILSON  LUMPKIN. 

From  the  foregoing  short  communication,  it  will  be 
seen  that  at  the  very  threshold  of  my  Executive  adminis- 
tration it  became  my  duty  to  resist  Federal  usurpation, 
and  it  will  also  be  seen  in  what  manner  I  discharged  that 
duty,  and  the  sentiments  I  then  entertained  in  regard  to 
Federal  encroachments. 

The  reader  who  desires  to  be  fully  and  correctly  in- 
formed, in  regard  to  all  the  great  interest  of  Georgia,  at 
the  time  I  first  entered  on  the  duties  of  the  Executive 
office,  and  especially  in  regard  to  the  then  existing  state  of 
our  Cherokee  relations,  would  do  well  to  read  attentively 
Gov.  Gilmer's  annual  message  to  the  Legislature,  at  the 
commencement  of  the  session.  There  may  be  seen  in  detail 
not  only  the  then  existing  state  of  affairs,  but  the  views 
and  policy  recommended  to  the  Legislature  by  Gov. 
Gilmer. 

And  then  let  the  reader  turn  to  my  message  to  the 
House  of  Representatives,  made  at  the  special  request  of 
that  body,  on  the  2d  of  December,  on  the  subject  of  our 
Indian  affairs,  which  will  enable  him  to  understand  the 
difference  in  opinion  and  policy  between  Gov.  Gilmer  and 
myself  on  the  then  Indian  subject.  I  responded  to  the  call 
of  the  House  in  the  following  words : 


.INDIANS    FROM    GEORGIA.  95 

Executive  Department,  Georgia, 
Milledgeville,  December  2d,  1831. 

To  the  House  of  Representatives  : 

Gentlemen — Having  been  called  on  by  your  resolution 
of  this  date,  requesting  me  to  lay  before  your  branch  of  the 
General  Assembly  any  information  in  my  possession  "in 
relation  to  the  Cherokee  Nation,  and  which  might  have  an 
influence  on  the  policy  of  the  measure  of  the  immediate 
survey  and  occupancy  of  the  Cherokee  lands,  which  has 
not  heretofore  been  communicated,  together  with  any 
views  of  the  Executive  upon  the  subject  which  that  De- 
partment may  think  proper  to  make  known,"  in  answer 
thereto  I  submit  the  following,  as  the  result  of  long  re- 
flection   on  the  important  subject  referred  to. 

It  is  believed  that  a  crisis  has  arrived,  in  which  we  can- 
not permit  the  course  of  our  policy  in  relation  to  the  Cher- 
okee part  of  Georgia  to  remain  in  its  present  perplexed 
and  extraordinary  condition  without  jeopardizing  the  in- 
terest and  prosDcritv,  if  not  the  peace  and  safety,  of  the 
State. 

Circumstances  within  the  recollection  of  our  whole 
people  emperiously  demanded  the  extension  of  the  laws 
and  jurisdiction  of  our  State  over  our  entire  population 
and  territory. 

This  step  has  been  taken,  and  cannot  be  retraced.  The 
State  cannot  consent  to  be  restricted  in  the  exercise  of  her 
constitutional  rights.  It  is  now  too  late  for  us  to  theorize 
on  this  subject;  we  are  called  upon  to  act;  the  public 
functionaries  of  the  State  stand  pledged  to  their  constitu- 
ents, and  the  world,  to  sustain  the  ground  which  they  have 
taken.  It  is  our  constitutional  right,  and  moral  duty, 
fortwith  to  interpose  and  save  that  part  of  our  State  from 
confusion,  anarchy,  and  perhaps  from  bloodshed. 

The  question  of  the  right  of  the  State  to  jurisdiction 
seemed  for  a  time  to  have  been  settled.  Our  laws  were  in 
regular,  unmolested  operation  over  our  entire  territory; 
our  rights  appeared  to  be  no  longer  controverted ;  and  the 
responsibility  for  the  existing  evils  was  devolving  on  our- 
selves. 

But  new  and  unexpected  difficulties  are  arising  out  of 
the  imbecility  of  our  own  measures,  and  the  selfishness  of 
some  of  our  own  citizens.  It  has  been  thought  that  soma 
of  our  most  distinguished  citizens  have  thrown  almost 
insuperable  obstacles  in  the  way  of  a  speedy  termination 
of  our  Indian  difficulties.    The  laws  heretofore  enacted   for 


96  REMOVAL  OF  IHE  CHEROKEE 

the  maintainance  of  the  jurisdiction  of  the  State  over  that 
portion  of  our  territory,  and  for  the  Government  of  all 
persons  residing  therein,  it  must  now  be  admitted,  have 
failed  to  accomplish  all  that  was  desired  and  expected  by 
the  friends  of  these  measures.  The  defects  of  our  laws 
have  been  evinced  by  their  practical  operation.  It  is  be- 
lieved that  any  attempt  to  establish  a  salutary  civil  gov- 
ernment over  a  country  containing  nearly  five  millions  of 
acres  of  land,  while  destitute  of  the  materials  to  administer 
the  law,  must,  from  the  nature  of  things,  prove  in  a  great 
measure  abortive. 

A  few  thousand  half  civilized  men,  both  indisposed 
and  incompetent  to  the  faithful  discharge  of  the  duties  of 
citizenship,  and  scattered  over  a  territory  so  extensive,  can 
never  enjoy  the  inestimable  blessing  of  civil  government. 

Whatever  may  be  the  nominal  character  of  our  legisla- 
tion, we  cannot  govern  the  country  under  consideration 
with  honor  to  our  character,  and  benefit  and  humanity  to 
the  Indians,  until  we  have  a  settled,  freehold,  white  popu- 
lation, planted  on  the  unoccupied  portion  of  that  territory, 
under  the  influence  of  all  the  ordinary  inducements  of 
society,  to  maintain  a  good  system  of  civil  government. 
Our  government  over  that  territory  in  its  present  condi- 
tion, in  order  to  be  efficient,  must  partake  largely  of  a 
military  character,  and  consequently  must  be  more  or  less 
arbitrary  and  oppressive  in  its  operations.  If  the  present 
system  be  continued,  it  is  important  that  ample  powers 
should  be  afforded  to  the  Executive,  to  regulate  the  con- 
duct, and  control  the  operations,  of  the  agents  employed 
to  administer  the  Government  in  that  part  of  the  State ; 
but  it  is  doubtful,  even  with  this  power,  whether  any  vigi- 
lance and  energy  on  the  part  of  the  Executive  can  wholly 
prevent  injustice  and  oppression  being  committed  on  the 
Indians,  and  at  the  same  time  maintain  the  laws  inviolate. 

If  Georgia  were  at  this  day  to  relinquish  all  right,  title 
and  claim  to  the  Cherokee  country,  what  would  be  its 
situation?  The  impotency  and  incompetency  of  the  Cher- 
okees  to  maintain  a  regular  government,  even  for  a  few 
months,  perhaps  for  a  few  weeks,  would  at  once  be  demon- 
strated. The  country  would  be  speedily  overrun,  chiefly 
by  the  most  abandoned  portions  of  society  from  all  quar- 
ters. 

The  gold  mines  would  hold  out  an  irresistible  tempta- 
tion to  all  such  characters.  The  existence  alone  of  the 
rich  gold  mines  utterly  forbids  the  idea  of  a  state  of 
quiescence  on  this  all  engrossing  subject. 


INDIANS    FROM    GEORGIA. 


97 


Our  true  situation  and  motives  on  this  question  are  still 
misunderstood,  and  often  misrepresented,  by  those  at  a 
distance.  In  order  to  appreciate  our  policy,  our  true  situa- 
tion must  be  understood.  I  will  not  attempt  to  enumerate 
the  wrongs,  embarrassments,  and  perplexities,  which  this 
State  has  encountered,  by  what  I  am  constrained  to  deem 
the  impertinent  intermeddling  of  "busy-bodies."  Officious 
persons  of  various  descriptions  have  unfortunately  suc- 
ceeded in  inducing  our  Indian  people  to  believe  that  we  are 
their  enemies  and  oppressors,  and  in  alienating  their  affec- 
tions from  us.  These  various  intermeddlings  hastened  the 
crisis  which  compelled  the  State  to  the  course  which  she 
has  taken  ;  and  the  day  must  speedily  arrive  when  all  the 
heart-burnings  on  this  subject  must  be  put  to  final  rest. 
The  combined  and  combining  influences  now  in  operation 
against  the  character,  interest,  peace,  and  prosperity  of 
the  State,  cannot  be  much  longer  deplored  in  silent  inac- 
tion ;  nor  ought  we  to  place  any  reliance  on  inefificient 
measures.  Unfounded  calumny  and  prejudice,  kept  at  a 
distance,  may  be  endured ;  but  domestic  and  household 
enemies  produce  unceasing  disquietude  and  danger. 

The  unfortunate  remnant  of  Cherokee  Indians  remain- 
ing in  Georgia  ought  now  to  consider  themselves  the  ad- 
mitted charge  of  our  peculiar  care  ;  and  if  possible  we 
ought,  as  their  friends  and  benefactors,  to  preserve  and 
cherish  them.  They  ought  not  forcibly  to  be  dispossessed 
of  their  homes,  or  driven  from  the  land  of  their  fathers ; 
they  ought  to  be  guarded  and  protected  in  the  peaceable 
enjoyment  of  a  sufficient  portion  of  land  to  sustain  them, 
with  their  families,  in  their  present  abodes,  so  long  as  they 
may  choose  to  remain ;  and  their  rights  and  property 
should  be  as  well  secured  from  all  lawless  depredation  as 
those  of  the  white  man.  It  would  be  as  cruel  as  unjust, 
to  compel  the  aborigines  to  abandon  the  graves  of  their 
fathers ;  but  in  the  present  extraordinary  state  of  things  it 
would  be  visionary  to  suppose,  that  the  Indian  claim  can 
be  allowed  to  this  extensive  tract  of  country — to  lands  on 
which  they  have  neither  dwelt,  nor  made  improvements. 

Principles  of  natural  law  and  abstract  justice  have 
often  been  appealed  to,  to  show  that  the  Indian  tribes 
within  the  territorial  limits  of  the  States  ought  to  be  re- 
garded as  the  absolute  owners  and  proprietors  of  the  soil 
they  occupy. 

All  civilized  nations  have  acknowledged  the  validitv  of 
the  principles  appealed  to,  with   such   modifications    and 


gS  REMOVAL  OF  IHE  CHEROKEE 

interpretations  of  these  principles    as  the  truth  of  history 
has  verified,  especially  in  the  settlement  of  this  country. 

The  foundations  of  the  States  which  form  this  confed- 
eracy were  laid  bv  civilized  and  Christian  nations  who 
considered  themselves  instructed  in  the  nature  of  their 
duties  by  the  precepts  and  examples  contained  in  the 
Sacred  Volume  which  they  acknowledged  as  the  basis  of 
their  relig-ious  creed  and  obligations.  To  go  forth,  sub- 
due, and  replenish  the  earth,  were  considered  Divine  com- 
mands. 

Whether  they  were  right  or  wrong  in  their  construc- 
tion of  the  sacred  text ;  whether  or  not  their  conduct  can 
be  reconciled  with  their  professed  objects,  it  cannot  be 
denied  that  possession,  actual  or  constructive,  of  the 
entire  habitable  part  of  this  continent  was  taken  by  the 
nations  of  Europe ;  and  that  it  was  divided  out  and  held  by 
them  originally,  by  the  right  of  discovery,  as  between 
themselves,  and  by  the  rights  of  discovery  and  con- 
quest, as  against  the  aboriginal  inhabitants.  The  English 
colonies  and  plantations  were  settled  and  governed  under 
various  charters,  commissions,  and  instructions,  issued  by 
the  crown  to  individuals  or  companies ;  and  notwithstand- 
ing that  the  paramount  sovereignty  was  reserved  in  all  the 
charters  to  the  mother  country,  yet  in  the  grant  of  the 
absolute  property  in  the  soil  there  was  no  reservation  of 
anv  part  of  it  to  the  natives,  who  were  left  to  be  disposed 
of   as  the  proprietors  might  think  fit  and  proper. 

Humanity,  and  the  religious  feeling  of  the  early  ad- 
venturers in  America,  connected  with  the  consideration  of 
the  power  and  immense  numbers  of  the  native  races  and 
their  savage  mode  of  warfare,  laid  the  foundation  of  the 
policy  adopted  in  this  country  towards  the  Indians.  The 
practical  comment  to  be  found  in  the  acts  of  all  the  Gov- 
ernments of  North  America  evinces  very  little  regard  for 
the  elementary  doctrines  of  theoretical  writers  on  this  sub- 
ject. One  of  the  expedients  resorted  to  by  the  early  set- 
tlers in  this  country  as  a  fundamental  principle  of  policy 
towards  the  Indians  was,  to  appear  to  do  nothing  which 
concerned  them,  either  in  appropriating  their  lands  or  in 
controlling  their  conduct,  without  their  consent.  But  in- 
stances have  occurred,  and  will  again  occur,  in  which  the 
interests  of  civilized  communities  have  demanded,  and  will 
again  demand,  a  departure  from  this  seeming  liberal  policy. 
It  is  believed  that  many  acts  of  the  Colonial,  as  well  as  of 
the  State  Governments,  will  maintain  the  great  fundamen- 


INDIANS    FROM    GEORGIA. 


99 


tal  principle  that  within  the  territorial  limits  of  the  Col- 
onies or  States  the  ancient  possession  of  the  Indians  con- 
ferred on  them  no  rights,  either  of  soil  or  sovereignty. 

The  rigor  of  the  rule  for  their  exclusion  from  these 
rights  has  been  mitigated  in  practice,  in  conformity  with 
the  doctrines  of  those  writers  on  natural  law,  who,  while 
they  admit  the  superior  right  of  the  agriculturalist  over  the 
claims  of  savage  tribes  in  the  appropriation  or  wild  lands, 
yet,  upon  the  principle  that  the  earth  was  intended  to  be  a 
provision  for  all  mankind,  assigned  to  those  tribes  such 
portions  as,  when  subdued  by  the  arts  of  the  husbandman, 
may  be  sufficient  for  their  comfortable  subsistence.  The 
General  Court  of  Massachusetts,  in  1633,  declared  "That 
the  Indians  had  the  best  right  to  such  lands  as  they  had 
actually  subdued  and  improved."  The  government  of  that 
Colony  at  the  same  time  asserted  its  right  to  all  the  residue 
of  the  lands  within  its  chartered  limits,  and  actually  par- 
celled them  out  by  grant  among  the  white  inhabitants, 
leaving  to  these  the  discretionary  duty  of  conciliating  the 
Indians,  by  purchasing  their  title.  The  General  Assembly 
of  Virginia  asserted  the  unrestricted  right  of  a  conqueror; 
and  at  the  same  time  conceded,  what  the  principles  of 
natuml  law  were  supposed  to  require,  when,  in  1658,  it 
enacted,  "That  for  the  future  no  land  should  be  patented 
until  fifty  acres  had  first  been  set  apart  to  each  warrior,  or 
head  of  a  family,  belonging  to  any  tribe  of  Indians  in  the 
neighborhood."  No  respectable  jurist  has  ever  gravely 
contended  that  the  right  of  the  Indians  to  hold  lands 
could  be  supported  in  the  courts  of  the  country  upon  any 
other  ground  than  the  grant  or  permission  of  the  sover- 
eignty, or  State,  in  which  such  lands  are  situate.  It  is  be- 
lieved that  no  title  to  lands  that  has  ever  been  investi- 
gated in  any  of  the  courts  of  the  States,  or  of  the  United 
States,  has  been  admitted  to  depend  on  any  Indian  deed  or 
relinquishment,  except  in  those  cases  where  grants  had 
been  previously  made  to  individual  Indians  to  hold  in  fee 
simple,  either  by  the  State  or  Colonial  governments. 

With  all  of  these  facts  and  examples  before  us,  taken 
in  connection  with  the  extraordinary  state  of  our  Indian 
affairs,  will  any  citizen  of  Georgia  hesitate,  upon  the  ques- 
tion of  advancing  or  receding?  To  stand  still,  will  in  effect 
be  to  recede — to  recede  is  to  abandon  our  rights,  and 
tacitly  admit  our  incompetency  to  sustain  our  Constitu- 
tional Government    within  our  own  limits. 

Our  laws  now  in  operation  for  the  maintenance  of 
our  authority,  and  the  preservation    of    order    over    our 


loo  REMOVAL  OF  THE  CHEROKEE 

Cherokee  lands,  must  necessarily  be  temporary ;  the  ex- 
pense alone  of  the  present  system  is  a  burthen  which  can- 
not be  permitted  to  continue  long. 

The  present  state  of  things  in  the  Cherokee  country, 
it  is  believed,  is  strengthening  the  adversaries  of  Georgia, 
at  home  and  abroad. 

In  order  to  secure  and  protect  the  Indians  in  their 
abodes,  and  their  property  of  every  kind  under  our  laws, 
their  individual  and  separate  possessions  ought  to  be  de- 
fined by  actual  survey ;  in  accomplishing  which  it  will  be 
least  expensive  and  most  compatible  with  the  views  of  the 
State  (as  provided  by  the  act  of  the  Legislature  at  its  last 
session),  to  survey  the  entire  country. 

Until  we  have  a  population  planted  upon  the  unoccu- 
pied portion  of  this  territory,  possessed  of  all  the  ordinary 
inducements  of  other  communities  to  sustain  our  laws 
and  government,  our  present  laws  providing  for  the  gov- 
ernment of  this  part  of  the  State  should  not  only  be  con- 
tinued, but  ample  power  should  be  afforded  to  enforce 
obedience  to  their  requirements.  To  efifect  this  object,  the 
Executive  should  be  vested  with  full  power  promptly  to 
control  the  agents  who  have  been,  or  may  be,  selected  to 
maintain  the  authority  of  the  laws  in  that  portion  of  the 
State. 

I  never  can  consent  to  be  considered  amongst  the 
number  of  those  who  disregard  the  interests,  rights,  or 
claims  of  the  Cherokee  Indians.  Georgia  would  still  for- 
bear, if  any  hope  remained  that  her  embarrassments 
could  be  terminated  by  negotiation  or  investigation  of  any 
kind  ;  but  the  present  posture  of  affairs  furnishes  no  satis- 
factory assurance  of  a  successful  issue  to  these  injurious 
embarrassments  and  difficulties,  and  the  State  would  be 
responsible  for  the  evils  that  might  ensue.  I  would  rec- 
ommend no  course  which  might  tend,  in  the  slightest 
degree,  to  weaken  the  just  claims  of  the  Cherokee  Indians 
to  full  indemnity  and  remuneration  from  the  government 
of  the  United  States  for  all  guarantees  made  by  that  gov- 
ernment to  the  Indians,  to  lands  within  the  limits  of  Geor- 
gia. 

As  a  member  of  the  Federal  Union,  we  should  duly 
consider  the  obligations  of  the  United  States  to  the  Cher- 
okee Indians. 

Whether  a  treaty  or  compact  be  made  with  one  of  the 
States  of  the  Union,  or  with  a  dependent  and  subject  com- 
munity, the  faith  of  the  Nation  should  not  be  disregarded. 


INDIANS    FROM    GEORGIA.  Id 

While  the  antecedent  engagements  of  the  United  States  to 
Georgia  are  entitled  to  precedence  in  their  observance,  yet, 
as  far  as  possible,  the  Cherokees  should  be  compensated 
for  any  failure  on  the  part  of  the  United  States  literally  to 
comply  with  their  stipulations  to  that  people.  That  being 
done,  there  remains  no  just  cause  of  complaint.  The  first 
duty  of  every  government  is,  to  protect  the  rights  and 
promote  the  prosperity  of  its  own  members.  Yet  the 
rights  and  interests  of  others,  of  whatever  character  or 
condition,  are  not  to  be  wantonly  restricted,  nor  in  any 
case  wholly  disregarded. 

But  the  principle  cannot  be  sustained  by  any  fair 
course  of  reason  or  authority,  that  the  United  States  can 
in  justice  be  bound  to  violate  its  relations  or  compacts 
with  Georgia,  as  one  of  the  States  of  the  Union,  or  the 
rights  of  this  State  as  a  third  party,  for  the  mere  consider- 
ation of  performing  an  after  obligation  or  secondary  duty 
to  the  Indians. 

Regardless  of  the  pretensions  of  others,  I  yield  to  none 
in  my  respect,  friendship,  and  veneration  for  our  present 
patriotic  Chief  Magistrate  of  the  Union.  He  has,  upon 
every  fit  occasion,  manifested  an  unceasing  disposition  to 
better  the  condition  of  the  Indians,  and  at  the  same  time 
to  relieve  the  States  from  this  embarrassing  portion  of 
their  population.  In  an  especial  manner  he  has  mani- 
fested his  deep  sense  of  the  wrongs  brought  upon  Georgia 
by  the  want  of  good  faith  on  the  part  of  the  Federal 
Government ;  and  has  fearlessly  advocated  the  rights  of 
Georgia    to  the  full  extent  of  her  claims. 

Therefore,  every  consideration  of  duty  and  justice  re- 
quires our  cordial  support  of  the  President  in  all  measures 
emanating  from  him  which  may  not  be  deemed  incom- 
patible with  paramount  duties. 

In  conformity  with  the  views  herein  submitted,  I  would 
respectfully  recommend  to  the  General  Assembly  an  im- 
mediate survey  of  the  Cherokee  Territory.  After  com- 
pleting the  survey  of  the  country,  (unless  it  shall  become 
indispensable  to  the  interest  and  peace  of  the  State  to  act 
differently,)  I  would  yet  pause  for  a  time,  and  endeavor  to 
maintain  our  present,  unpleasant,  expensive,  and  em- 
barrassing situation,  in  the  hope  that  better  counsels  may 
then  prevail  among  the  Indians,  and  that  those  who  govern 
them  may  yield  to  such  measures  as  will  obviously  pro- 
mote their  real  and  lasting  interest. 

But  should  circumstances  render  it  indispensable  to 
take  possession  of  the  unoccupied  territory,  we  can  then 


I02  REMOVAL  OF  THE  CHEROKEE 

sustain  tlie  Indians  in  their  homes,  protect  them  in  their 
rights,  and  save  them  from  that  cruelty  and  oppression 
which  have  too  often  been  the  inheritance  of  this  unfortu- 
nate people,  in  the  confidence  that  their  claims  to  the 
territory  thus  occupied  by  Georgia  will  be  extinguished 
bv  the  Federal  Government,  in  compliance  with  the  com- 
pact of  1802. 

WILSON  LUMPKIN. 

The  influence  of  the  foregoing  communication,  in  con- 
nection with  my  daily  and  free  intercourse  with  the  mem- 
bers of  the  Legislature,  with  my  opponents  as  well  as  my 
friends,  enabled  me  to  procure  from  the  Legislature,  to 
some  considerable  extent,  such  enactments  as  I  deemed 
most  important  to  sustain  my  views  in  relation  to  Indian 
affairs. 

After  mature  reflection  on  the  subject,  and  with  an 
earnest  desire  that  those  who  survive  and  come  after  me 
may  have  the  means  fully  and  fairly  before  them  to  en- 
able them  to  judge  correctly  of  all  my  ofBcial  acts  as  Gov- 
ernor of  the  State  of  Georgia  for  four  years,  and  at  a  pe- 
riod of  great  and  abiding  interest  to  the  people  of  Geor- 
gia, in  regard  to  the  various  interests  of  the  people  of  the 
State,  and  especially  her  Indian  relations,  I  have  deemed 
it  expedient  here  to  introduce  and  lay  before  the  reader 
my  several  annual  messages  to  the  Legislature  of  Geor- 
gia, from  November,  1832,  to  November,  1835,  inclusive. 
These  official  documents  will  be  found  not  only  to  re- 
fer to  and  embrace  to  some  extent  the  most  important 
acts  connected  with  my  executive  administration  of  the 
Government  of  the  State,  but  will,  at  the  same  time,  pre- 
sent the  views  which  I  then  entertained  and  recommended 
to  the  consideration  of  the  Legislature,  from  time  to  time, 
upon  all  those  subjects  connected  with  the  then  existing 
and  permanent  interest  of  the  people  of  Georgia.  These 
communications  will  be  found  to  refer  to,  or  embrace,  all 
that  is  necessary  to  keep  up  the  chain  of  history  upon  the 
subject  of  our  Indian  affairs  in  that  consecutive  order 
that  I  have  heretofore  intimated  that  I  designed  pursuing 
in  this  work.  The  reader  may,  if  he  chooses,  pass  from 
my  first  message  to  the  Legislature  on  the  Indian  sub- 
ject to  what  was  annually  communicated  to  the  Legisla- 
ture, for  four  successive  years,  on  the  same  subject,  which 
will  enable  him  to  keep  up  the  history  of  our  Indian  af- 
fairs as  they  progressed  from  time  to  time,  without  en- 


INDIANS    FROM    GUORGIA.  I03 

cumbering  himself  by  dwelling  on  other  important  mat- 
ters of  state  policy  embraced  in  my  several  messages. 

And  these  documents,  being  here  given  entire,  will  be- 
come convenient  for  reference,  whenever  the  several  sub- 
jects which  they  embrace  may  hereafter  be  introduced  to 
notice.  I  do  not  introduce  these  documents  for  any  sup- 
posed beauty  of  style  or  composition.  I  am  no  competi- 
tor for  literary  fame ;  but  I  wish  to  maintain  my  character 
as  an  untiring,  persevering,  faithful  servant.  Moreover, 
I  wish  posterity  to  be  fully  informed  in  regard  to  the  prin- 
ciples, opinions  and  policy  upon  which  the  acts  of  my  life 
have  been  based.  I  have  never  concealed  an  opinion  en- 
tertained upon  any  political  question,  from  early  youth 
to  the  present  day. 


ANNUAL  MESSAGE,  1832. 

Executive  Department,  Georgia, 
Milledgeville,  November  6th,   1832. 
Fellow  Citizens : — 

When  we  take  a  survey  of  the  events  of  the  closing 
year,  it  produces  mingled  emotions  of  pleasure  and  pain. 
Our  actual  condition  and  enjoyments  as  a  people,  arising 
from  climate,  soil  and  good  government,  when  compared 
with  other  portions  of  the  world,  admonish  us  to  admire 
and  adore  the  Divine  Author  of  our  multiplied  blessings. 
Nothing  has  transpired  to  lessen  our  attachment  or  di- 
minish our  confidence  in  the  good  system  of  government 
under  which  we  live.  We  should,  therefore,  cherish  an 
increased  zeal  and  an  abiding  hope  for  the  perpetuation 
of  our  free  and  happy  institutions.  The  truths  of  history 
do  not  authorize  the  belief  that  we  are  to  enjoy  the  ines- 
timable blessings  of  liberty  and  free  government,  founded 
on  principles  of  equal  rights,  without  vigilance  and  con- 
stant exertion  on  the  part  of  the  people,  who  are  the  only 
legitimate  source  of  government  power. 

Our  conflicts  with  Federal  usurpation  are  not  yet  at 
an  end.  The  events  of  the  past  year  have  afforded  us 
new  cause  for  distrust  and  dissatisfaction.  Contrary  to  the 
enlightened  opinions  and  just  expectations  of  this  and 
every  other  State  in  the  Union,  a  majority  of  the  judges 
of  the  Supreme  Court  of  the  United  States  have  not  only 
assumed  jurisdiction  in  the  cases  of  Worcester  and  But- 
ler, but  have,  by  their  decision,  attempted  to  overthrow 
that  essential  jurisdiction  of  the  State,  in  criminal  cases. 


I04  REMOVAL  OF  THE  CHEROKEE 

which  has  been  vested  by  our  Constitution  in  the  Superior 
Courts  of  our  own  State.  In  conformity  with  their  de- 
cision, a  mandate  was  issued  to  our  court,  ordering  a  re- 
versal of  the  decree  under  which  those  persons  are  im- 
prisoned, thereby  attempting  and  intending  to  prostrate 
the  sovereignt}'  of  this  State  in  the  exercise  of  its  consti- 
tutirnal  criminal  jurisdiction.  These  extraordinary  pro- 
ceedings of  the  Supreme  Court  have  not  been  submitted 
to  me  officially,  nor  have  they  been  brought  before  me  in 
any  manner  which  called  for  my  official  action.  I  have, 
however,  been  prepared  to  meet  this  usurpation  of  Fed- 
eral power  with  the  most  prompt  and  determined  resist- 
ence,  in  whatever  form  its  enforcement  might  have  been 
attempted  by  any  branch   of  the   Federal   Government. 

It  has  afforded  me  great  satisfaction  to  find  that  our 
whole  people,  as  with  the  voice  of  one  man,  have  mani- 
fested a  calm,  but  firm  and  determined  resolution  to  sus- 
tain the  authorities  and  sovereignty  of  their  State  against 
this  unjust  and  unconstitutional  encroachment  of  the 
Federal  judiciary.  The  ingenuity  of  man  might  be  chal- 
lenged to  show  a  single  sentence  in  the  Constitution  of 
the  United  States  giving  power,  either  direct  or  implied, 
to  the  general  government,  or  any  of  its  departments,  to 
nullify  the  laws  of  a  State,  enacted  for  the  government  of 
its  own  population,  or  coerce  obedience,  by  force,  to  the 
mandates  of  the  judiciary  of  the  Union.  On  the  contrary, 
the  journals  and  proceedings  of  the  convention  that  fram- 
ed the  Federal  Constitution  abundantly  evince  that  vari- 
ous attempts  were  made  to  effect  that  object,  all  of  which 
were  rejected.  This  proves  that  the  States  of  this  Union 
never  did,  and  never  will,  permit  their  political  rights  to 
be  suspended  upon  the  breath  of  the  agents  or  trustees 
to  whom  they  have  delegated  limited  powers  to  perform 
certain  definite  acts.  I,  however,  deem  it  unnecessary 
for  me,  at  this  time,  to  animadvert  on  this  decision  of  the 
Supreme  Court.  Its  fallacy,  its  inconsistency  with  former 
decisions,  and  its  obvious  tendency  to  intermeddle  with 
the  political  rights  of  the  States,  and  to  change  our  Fed- 
eral system  into  one  consolidated  mass,  has  been  so  often 
exposed  by  the  most  able  jurists  and  statesmen  that  a 
large  majority  of  the  people  of  this  Union  are  confirmed 
in  the  conviction  of  the  falliblity,  infirmities,  and  errors 
of  this  Supreme  tribunal. 

This  branch  of  the  general  Government  must  hence- 
forth stand  where  it  always  ought  to  have  stood  in  pub- 


INDIANS    FROM    CeORGlA. 


105 


lie  estimation,  as  being  liable  to  ail  the  frailties  and  weak- 
nesses ot  erring  man. 

Shortly  after  the  adjournment  of  the  Legislature,  in 
December  last,  1  communicated  directly  to  the  President 
of  the  United  States  the  views  of  this  State,  as  manifested 
by  her  legislation  on  the  subject  of  our  unoccupied  lands 
lying  in  Cherokee  County  ;  and  at  the  same  time  frankly 
communicated  to  him  my  views,  especially  as  to  the  ne- 
cessity and  importance  of  an  immediate  survey,  and  per- 
haps occupancy,  of  these  lands.  The  President  has  mani- 
fested equal  solicitude  with  ourselves  to  effect  an  ami- 
cable and  satisfactory  adjustment  of  our  territorial  em- 
barrassment. He  has  proposed  to  the  Cherokee  people 
terms  of  the  most  liberal  character,  with  a  view  to  induce 
them  to  emigrate  to  the  West,  &c.,  thereby  to  enable  him 
to  effect  the  great  object  of  his  solicitude,  in  permanently 
benefiting  that  unfortunate  race,  and  at  the  same  time  to 
fulfil  the  long  delayed  obligation  of  the  United  States 
Government  to  Georgia,  entered  into  by  the  compact  of 
1802. 

Notwithstanding  the  extraordinary  liberality  of  the 
proposition  submitted  to  the  Cherokees,  and  the  kind 
spirit  in  which  they  were  presented,  the  enemies  of  the 
President  and  of  Georgia  have  so  far  succeeded  as  to  pre- 
vent any  satisfactory  arrangement  or  treaty  with  them ; 
and  their  reply  to  those  liberal  propositions  evinces  a 
most  arrogant  and  tmcompromising  spirit. 

Every  day's  experience  has  afforded  new  evidence  of 
the  utter  impracticability  and  impolicy  of  attempting  any 
longer  to  maintain  our  laws  and  government  over  the 
Cherokee  part  of  Georgia,  without  an  increased  and  bet- 
ter population.  Every  elTort  has  been  made  by  the  Exec- 
utive to  maintain  the  inviolability  of  the  laws  of  the  State 
in  Cherokee  County  ;  but  these  efforts  have  not  been  at- 
tended with  the  desired  success.  Our  laws  have  been  re- 
peatedly violated,  and  for  the  want  of  that  moral  force 
which  pervades  counties  inhabited  by  a  more  dense,  en- 
lightened and  virtuous  population  the  transgressors  have 
sometimes  escaped  merited  punishment. 

Our  scattered  population  of  good  character,  who  now 
inhabit  this  County,  have  often  found  themselves  destitute 
of  security  from  the  depredations  of  dishonest  men;  and 
when  they  have  sought  protection  from  the  laws  of  the 
land,  they  have  often  found  those  laws  evaded  and  per- 
verted by  combinations  of  such  characters,  aided  by  the 
advice  and  counsel  of  those  whose  enlarged  acquirements 


Io6  REMOVAL  OF  THE  CHEROKEE 

should  havf  directed  their  influence  in  aid  of  the  cause 
of  justice  and  the  supremacy  of  the  laws.  Legal  and  pet- 
tifogging subtilties  in  this  County  seem  measurably  to 
have  triumphed  over  equity  and  a  fair  administration  of 
the  laws. 

Not  only  the  Supreme  Court  of  the  United  States,  but 
the  Superior,  and  even  the  Inferior,  Courts  of  our  own 
State,  have  so  far  aided  in  overturning  our  laws  and  the 
policy  of  our  State  Government  as  to  declare  them  uncon- 
stitutional, and  order  the  discharge  of  prisoners  arrested 
and  confined  under  their  provisions.  Nevertheless,  amidst 
all  these  irregularities,  strifes  and  disorders,  there  is  much 
cause  for  sincere  gratification,  that  the  events  of  the  year 
have  produced  nothing  more  seriously  injurious  to  the 
interests  and  character  of  the  State. 

The  survey  of  the  County  of  Cherokee,  in  conformity 
with,  and  under  the  provisions  of,  the  several  acts  of  the 
Legislature,  has  been  completed  without  any  serious  ob- 
stacle or  difficulty,  and,  in  the  exercise  of  that  discretion 
confided  to  me  by  law,  I  have  not  hesitated  to  move  for- 
ward in  that  direct  line  which  I  deemed  best  calculated 
to  ensure  a  speedy  settlement  of  the  unoccupied  lands  in 
Cherokee  County.  Accordingly,  in  due  time,  the  Justices 
of  the  Inferior  Courts  of  the  several  counties  were  noti- 
fied and  required  to  execute  the  duties  devolving  on  them^ 
in  regard  to  receiving  and  returning  the  names  of  persons 
entitled  to  draws  in  the  lotteries,  which  having  been  done 
according  to  law,  and  the  tickets  having  been  prepared, 
the  Lottery  Commissioners  were  convened,  and  commenc- 
ed the  preparatory  arrangements  for  the  drawings,  which 
was  commenced  on  the  twenty-second  day  of  October 
last,  and  is  now  in  progress,  under  their  superintendence. 

I  deem  it  unnecessary  at  this  time  to  enter  upon  an 
enlarged  vindication  of  the  policy  which  has  been  pur- 
sued by  the  authorities  of  Georgia  on  this  subject.  Suf- 
fice it  to  say  that  I  have  daily  increased  evidence  that  our 
policy  has  been  founded  in  wisdom,  justice  and  true  be- 
nevolence, and  will,  ere  long,  terminate  in  the  preserva- 
tion of  a  remnant  of  these  unfortunate  Indians  ;  and  our 
State  will  be  relieved  from  the  libels  and  embarrassments 
of  a  thirty  years'  controversy. 

It  now  becomes  my  duty  to  call  the  serious  and  delib- 
erate attention  of  the  Legislature  to  the  subject  of  the 
present  condition  of  the  Cherokees  who  remain  within 
our  State.  By  our  existing  laws,  their  homes  and  im- 
provements are  secured  to  them,  so  long    as    they    may 


INDIANS    FROM    GEORGIA. 


107 


choose  to  remain  thereon ;  but  these  laws  are  by  no  means 
adapted  to  the  security  of  their  persons  and  property. 
Therefore,  special  and  appropriate  legislation  is  most 
earnestly  recommended,  whereby  these  objects  will  be  se- 
cured to  them,  and  their  rights  be  as  effectually  shielded 
from  violation  as  those  of  the  white  man.  It  is  due  to  the 
character  of  the  State  that  this  dependent  people  should 
be  protected  by  laws  as  liberal  as  may  be  consistent  with 
their  moral  and  intellectual  condition.  To  afford  them 
such  protection,  and  to  extend  to  them  suitable  privileges, 
without  endangering  the  rights  of  our  own  citizens,  will 
require  the  most  careful  deliberation  and  prudent  fore- 
cast. 

The  land  fund  set  apart  by  the  Legislature  has  been 
found  insufficient  to  pay  even  the  legal  expenses  of  sur- 
veying the  public  lands.  Nothing,  therefore,  remained 
to  discharge  the  various  expenses  necessarily  incident  to 
the  preparation  for  carrying  the  lottery  laws  into  effect. 

The  Legislature  will  perceive  the  necessity  of  provid- 
ing, at  an  early  day,  for  the  payment  of  all  arrearages, 
and  other  expenses  appertaining  to  this  business.  It  is 
the  more  urgent  that  it  should  be  done  without  delay  from 
the  consideration  that  many  needy  persons  have  already 
performed  much  useful  labor  for  the  public,  who  have  not 
yet  received  any  compensation. 

While  on  this  subject,  it  may  not  be  improper  to  re- 
mark that  the  Executive  has  not  only  been  embarrassed 
on  account  of  the  inadequacy  of  the  land  fund,  but  from 
the  improvidence  of  the  last  Legislature,  in  providing  the 
means  at  the  Treasury  to  meet  their  several  appropria- 
tions. The  appropriations  for  the  past  political  year 
greatly  exceeded  the  available  means  at  the  Treasury. 
This  omission  of  the  Legislature  was  discovered  at  an 
early  day,  after  the  adjournment  of  their  last  annual  ses- 
sion, and,  after  due  consideration,  it  was  determined  to 
endeavor  to  sustain  the  operations  of  the  government 
by  other  means  than  that  of  an  extra  session  of  the  Legis- 
lature. 

I  therefore  applied  to  the  Directors  of  the  Central 
Bank,  laid  before  them  the  situation  in  which  the  Execu- 
tive was  placed,  and  desired  to  be  informed  how  far  that 
institution  could,  consistently  wdth  its  charter,  accommo- 
date the  Government.  The  Directors,  without  hesitancy, 
manifested  every  disposition  to  grant  any  accommoda- 
tions which  might  be  legally  extended :  and,  by  an  ar- 
rangement agreed  upon,  the  Bank  has  taken  up  and  paid 


loS  REMOVAL  OF  THE  CHEROKEE 

off  the  Executive  warrants,  whenever  the  means  to  meet 
them  were  not  found  at  the  Treasury ;  which  warrants 
have  been  taken  up  by  the  Treasurer  as  fast  as  the  means 
were  received  at  that  department.  Thus,  through  the 
agency  of  the  Bank.  I  have  been  enabled  so  far  to  meet 
the  appropriations  of  the  Legislature  as  to  avoid  the 
deprecated  necessity  of  convening  an  extra  session.  But, 
doubts  being  entertained  as  to  the  competency  of  the  Bank 
to  meet  the  entire  demands  authorized  by  the  Legisla- 
ture, I  have  therefore  been  placed  under  the  necessity  of 
discriminating  between  appropriations  made  for  the  in- 
dispensable operations  of  the  government  and  minor  and 
individual  interests. 

The  report  of  the  Directors  of  the  Central  Bank, 
which  accompanies  this  message,  will  exhibit  the  extent  of 
the  accommodation  which  has  been  granted  to  this  de- 
partment. From  this  statement,  the  Legislature  will  be 
able  to  ascertain  the  extent  of  the  deficit  which  has  ac- 
crued at  the  Treasury  to  meet  the  Executive  warrants 
which  have  been  drawn  on  the  several  appropriations  for 
the  current  year.  Whatever  legislation  may  be  necessary 
to  remedy  the  omissions  of  the  last  session  upon  these  sev- 
eral subjects  commends  itself  to  your  immediate  atten- 
tion. 

The  act  of  the  last  Legislature  abolishing  the  peniten- 
tiary system  in  this  State,  in  connection  with  the  facts  of 
the  institution  being  embarrassed  with  debt,  almost  des- 
titute of  materials  to  carry  on  the  different  branches  of 
manufacture,  and  the  interior  buildings  and  workshops 
being  in  an  unfinished  and  unsuitable  condition  to  aid  the 
important  objects  of  good  government  and  useful  busi- 
ness, all  combined  to  impress  upon  the  present  managers 
of  the  institution  a  spirit  of  despondency.  Nevertheless, 
I  am  highly  gratified  to  have  it  in  my  power  to  present 
to  the  Legislature  demonstrative  evidence  of  the  spirit 
and  ability  with  which  the  institution  has  been  managed 
during  the  present  year. 

It  will  be  seen  by  the  reports  of  the  Inspectors,  here- 
with transmitted,  that  the  labor  of  the  convicts  will  more 
than  defray  the  ordinary  and  current  expenses  of  the  year. 
The  internal  police  of  the  institution  has  been  such  as  to 
prevent  escapes,  secure  the  health  and  comfort  of  the  con- 
victs, and  at  the  same  time  it  is  believed  that  in  many  in- 
stances reformation  has  been  effected,  and,  in  some,  that 
it  will  prove  to  be  permanent.  As  far  as  the  means  of  the 
institution   would  justify,  a  proper  forecast  has  been   di- 


INDIANS    FROM    GEORGIA.  109 

rected  to  the  procuring  an  ample  supply  of  timber,  and 
other  materials  for  manufacture,  but  the  appropriations 
of  the  last  Legislature  were  nearly  exhausted,  at  once,  in 
the  payment  of  debts  against  the  institution,  contracted 
in  1831,  for  building  and  various  articles  of  supply. 

The  outstanding  debts  due  to  the  Penitentiary  is  a  sub- 
ject which  deserves  especial  attention.  Between  fifteen 
and  twenty  thousand  dollars  of  unavailable  debts  appear 
to  be  due  to  the  institution,  most  of  which  were  contract- 
ed previous  to  the  year  1829.  A  portion  of  these  debts 
have  been  placed  in  the  hands  of  attorneys  for  collection, 
all  of  whom  have  not  yet  accounted  satisfactorily  for  the 
amount  thus  placed  in  their  hands.  I  herewith  submit  to 
the  Legislature  a  document  exhibiting  all  the  information 
I  have  been  able  to  collect  on  this  subject.  At  present,  it 
is  believed  that  the  fiscal  transactions  of  the  institution 
are  conducted  with  system,  skill  and  prudence,  which 
will  hereafter  prevent  any  material  loss,  if  the  present 
regulations  are  continued.  The  books  and  accounts  are 
kept  with  great  accuracy,  and  credits  are  extended  with 
that  caution  which  will,  in  future,  prevent  the  accumula- 
tion of  bad  debts. 

From  the  indications  of  public  opinion,  it  is  believed 
that  the  abolition  of  the  penitentiary  system  has  not  re- 
ceived the  approbation  of  the  majority  of  the  people ;  and 
I  feel  assured  that  the  experience  of  one  year,  under  our 
present  code,  has  strengthened  public  opinion  in  favor 
of  the  institution.  A  general  disposition  seems  to  per- 
vade the  community  to  shield  culprits  from  the  infliction 
of  the  sanguinary  punishments  of  our  present  criminal 
code,  and  hence  it  is  that  frequent  applications  are  made 
to  the  Executive  to  grant  reprieves,  and  remit  the  sent- 
ences of  the  courts.  Imprisonment  in  the  county  jails, 
being  a  common  punishment  inflicted  on  the  violators  of 
our  present  criminal  laws,  is  found  to  be  expensive,  and, 
in  many  cases,  burthensome  to  the  counties,  which  tends 
to  encourage  applications  for  pardons,  even  when  there 
is  nothing  to  extenuate  the  guilt  of  the  ofifender. 

After  the  most  mature  reflection,  I  cannot  hesitate  in 
arriving  at  the  conclusion  that  penitentiary  confinement 
is  by  far  the  most  economical  mode  of  punishment  for 
crime  ;  and  from  the  operations  of  the  present  year  I  in- 
cline to  the  opinion  that  if  the  system  were  reinstated, 
and  appropriately  patronized  by  the  Legislature,  it  would 
be  certain  to  defray  its  expenses,  and  perhaps,  at  a  day 
not  far  distant,  become  a  source  of  profit  and  income  to 


no  REMOVAL  OF  THE  CHEROKEE 

the  State.  Sliould  the  Legislature  determine  to  revive 
the  system,  a  due  regard  to  the  reformation  of  the  con- 
victs, and  profitable  management  of  the  institution,  will 
require  a  further  improvement  of  the  interior  buildings 
and  workshops,  and  a  more  ample  supply  of  various  ma- 
terials for  fabrication.  The  necessary  appropriation  to 
accomplish  these  objects  under  proper  management  could 
not  fail  eventually  to  be  a  measure  of  economy  and  sav- 
ing to  the  State. 

The  sure  defence  and  fortress  of  liberty  is  the  militia 
— the  citizen  soMier.  But  in  no  country  can  it  be  reason- 
ably expected  that  every  citizen  should  be  trained  and 
ready  for  the  active  duties  of  a  soldier  in  the  tented  field. 
The  Governmert,  relying  as  it  does,  on  the  militia  for  de- 
fence in  time  of  danger,  should  unquestionably  have  some 
organization,  whereby  it  might  not  only  know  its  strength, 
but  have  at  ready  command  the  power  to  concentrate  an 
eflficient  portion  of  its  martial  force,  at  a  short  warning, 
which  in  any  emergency  might  serve  as  a  rallying  point 
for  the  great  body  of  its  militia.  It  is  not  within  the  range 
of  our  State  government  to  keep  up  a  standing  army,  nor 
is  it  compatible  with  our  views  and  policy ;  nevertheless, 
it  is  believed  that  voluntary  associations  of  active  and  pa- 
triotic citizens,  organized  under  legal  sanction  and  en- 
couragement, might  afford  to  every  section  of  our  State 
a  rallying  point,  in  case  of  sudden  alarm  from  any  quar- 
ter, foreign  or  domestic.  The  few  returns  which  have 
been  made  to  this  department  from  Division  and  Brigade 
Inspectors,  and  various  other  sources  of  information,  can 
leave  no  doubt  of  the  fact  that  our  present  militia  system 
has  sunk  under  the  imperfections  of  its  own  structure  and 
organization,  and,  unless  renovated  by  legislation,  may 
be  considered  as  nearly  extinct.  Under  these  circum- 
stances, it  becomes  highly  necessary  that  the  Legislature 
should  take  this  important  subject  into  serious  considera- 
tion, and  provide  by  law  some  plan  of  organization  in  lieu 
of  that  which  has  practically  become  obsolete.  As  the 
distribution  of  the  public  arms,  under  the  law  of  the  United 
States  for  arming  and  equipping  the  militia,  is  made 
among  the  States  according  to  the  relative  strength  of 
the  militia,  it  is  a  matter  of  interest  to  obtain  accurate 
returns  of  the  force  of  the  State;  and  the  disorganization 
of  our  system  is  such  as  to  render  it  impossible  to  ascer- 
tain the  entire  strength  of  the  militia  of  the  State.  I  con- 
sider it  highly  important  that  the  effective  strength  of  the 
militia  should,  at  all  times,  be  known ;  that  there  should 


INDIANS    FROM    GEORGIA.  m 

be  at  least  one  company  of  well  trained  volunteers  in  each 
county  in  the  State,  and  in  the  populous  counties  perhaps 
more  ;  that  provision  should  be  made  for  arming  and  train- 
ing all  such  volunteer  companies,  and  that  they  should  at 
all  times  hold  themselves  in  readiness  to  obey  the  calls 
of  their  country,  in  case  of  alarm  or  danger,  and  further, 
that  provision  should  be  made  for  enlarging  such  volun- 
teer force,  whenever  the  situation  of  the  country  may  de- 
mand it.  But  past  experience  has  demonstrated  that  if 
these  views  shall  be  adopted  it  will  be  indispensably  nec- 
essary to  make  ample  provision  for  the  preservation, 
safe-keeping,  and  due  return  of  the  public  arms,  when 
called  for.  Unless  this  object  can  be  effected,  it  will  be 
useless  to  attempt  to  carry  into  effect  the  plan  now  sug- 
gested. I  have  ascertained  that  most  of  the  public  arms 
which  have  been  drawn  from  the  arsenals  for  volunteer 
and  other  service  since  the  year  1812  may  be  considered 
as  lost  to  the  State  ;  and  those  which  are  not  entirely  lost 
are  chiefly  in  a  ruinous  condition. 

In  many  instances  T  find  bonds  on  file  in  this  depart- 
ment for  the  safe  keeping  and  return  of  the  arms  thus 
distributed,  when  called  for ;  but  in  most  cases  the  makers 
of  these  bonds,  it  is  presumed,  are  now  dead,  removed,  or 
insolvent,  and  the  companies  dissolved.  Since  I  entered 
upon  the  duties  of  this  office  I  have  received  various  com- 
munications from  highly  respectable  individuals,  some 
written,  but  mostly  verbal,  informing  me  of  arms  and  ac- 
coutrements being  in  their  respective  neighborhoods,  in 
a  situation  to  be  lost  for  want  of  care.  In  several  cases, 
where  I  have  attempted  investigations,  I  have  not  been 
able  to  find  a  responsible  individual,  and  without  legisla- 
tive provision  I  am  at  a  loss  how  to  proceed  so  as  to 
save  this  public  property  from  entire  loss.  The  arms  thus 
scattered  over  the  country,  as  well  as  many  in  the  arsenal 
at  this  place,  will  never  be  of  any  public  value,  unless  pro- 
vision is  made  for  collecting,  cleaning  and  repairing  them. 

It  may  be  proper  to  state  that,  under  the  provisions 
of  a  joint  resolution  of  the  last  Legislature,  there  have 
been  organized,  during  the  present  year,  thirteen  volun- 
teer companies,  which  have  been  furnished  with  arms 
from  our  arsenals.  It  will  be  seen  from  the  reports  of  the 
military  storekeepers  that  our  present  supply  of  arms  is 
so  greatly  diminished  that  volunteer  companies  cannot 
continue  to  receive  supplies,  unless  provision  be  made  for 
that  purpose. 


112  REMOVAL  OF  THE  CHEROKEE 

The  framers  of  our  State  Constitution  were  not  un- 
mindful of  the  important  subject  of  education.  They  con- 
sidered the  cultivation  of  the  arts  and  sciences  indispen- 
sable to  the  prosperity  of  a  free  people,  and  we  therefore 
find  the  most  imperative  language  used  in  that  instrument 
to  impress  the  Legislature  with  a  sense  of  its  duty  in  sus- 
taining the  cause  of  education.  The  history  of  the  legis- 
lation of  Georgia  will  show  that  attention  to  this  subject 
has  not  been  w'anting.  Our  statute  books  exhibit  a  mass 
of  legislation  and  expenditure  upon  the  subject  of  educa- 
tion that  has  scarcely  been  surpassed  by  any  of 
our  sister  States.  But,  upon  a  review  of  the  whole  sub- 
ject, it  must  be  admitted  that  the  advantages  derived  by 
the  people  of  Georgia  have  not  been  commensurate  with 
the  labor  and  expense. 

The  present  prospects  of  our  University  afford  just  en- 
couragement to  the  friends  of  the  arts  and  sciences  to 
continue  to  foster  and  patronize  that  institution.  The 
prosperity  of  our  College  is  so  closely  identified  with  the 
character  and  interest  of  the  State,  that,  under  proper 
management,  it  cannot  fail  to  become  a  favorite  institu- 
tion with  the  community,  and  receive  a  liberal  support 
from  the  whole  people. 

Our  academic  and  poor  school  systems  are  admitted 
to  be  defective,  and  by  no  means  satisfactory  to  the  com- 
munity. In  view  of  these  defects,  the  Legislature,  at  their 
last  session,  adopted  a  resolution  directing  a  compilation 
of  all  our  academic  and  free  school  laws  now  in  force  ; 
and  also  authorized  the  Governor  to  appoint  three  suit- 
able persons  to  form  a  system  of  academic  and  free  school 
instruction,  to  be  as  nearly  uniform  as  practicable 
throughout  the  State,  and  report  to  the  present  Legisla- 
ture. The  compilation  so  authorized  has  been  prepared  and 
published  by  John  A.  Cuthbert.  Esq.,  under  Executive 
appointment,  and  is  executed  with  the  characteristic  ac- 
curacy and  ability  of  that  gentleman. 

But  I  have  to  express  my  regret  that  I  have  not  been 
able  to  meet  the  expectation  of  the  Legislature  in  having 
submitted  to  them  a  system  of  academic  and  free  school 
education,  as  authorized  by  the  resolution  referred  to.  At 
an  early  day  after  the  adjournment  of  the  last  Legisla- 
ture, my  attention  was  directed  to  this  subject,  and  a  cor- 
respondence was  opened  with  several  individuals  of  this 
State  who  had  manifested  considerable  interest  in  advanc- 
ing the  cause  of  general  education.  But  among  those  who 
were   believed   to  possess   eminent    qualifications   for   this 


INDIANS    FROM    GEORGIA.  113 

important  undertaking  none  could  be  induced  to  engage 
in  the  ardous  and  responsible  labors  contemplated  by  the 
resolution  of  the  Legislature.  To  perform  this  work  to 
the  satisfaction  of  the  Legislature,  and  to  meet  the  pub- 
lic expectation  in  point  of  utility,  it  was  believed  that 
qualifications  of  a  literary  character  should  be  combined 
with  an  extensive  acquaintance  with  the  feelings,  habits 
and  interests  of  our  diversified  population.  The  peculiar 
situation  of  the  State ;  the  habits  and  feelings  of  the  peo- 
ple ;  the  sparseness  of  our  population  in  many  sections ; 
the  want  of  fixed  and  permanent  school  districts,  by 
known  and  well-defined  boundaries ;  and  various  other 
considerations,  must  be  taken  into  view  in  framing  a  suc- 
cessful common  school  system. 

The  Legislature  of  Georgia,  at  an  early  period  of  its 
history,  with  a  spirit  that  deserves  commendation,  made 
liberal  provision  for  the  endowment  of  an  academy  in 
each  county  in  the  State ;  the  application  of  which  has 
been  left  to  the  trustees  of  the  several  county  academies  ; 
consequently  there  has  been  no  uniformity  or  general 
plan  of  operation,  no  systematic  adoption  of  measures 
which  were  calculated  to  ensure  success  alike  to  all.  Not- 
withstanding the  neglect  of  which  many  trustees  may  have 
been  guilty,  it  must  be  admitted  that  great  good  has  re- 
sulted to  the  community  from  the  endowment  of  these 
county  seminaries.  The  benefits  have  been  mostly  felt  in 
the  immediate  vicinity  of  these  institutions,  but  in  some 
instances  have  been  dififused  more  or  less  throughout  the 
counties. 

Our  success  in  the  application  of  the  fund  set  apart 
for  the  education  of  poor  children  has,  like  our  academic 
fund,  been  beneficial  in  those  counties  where  it  has  been 
well  managed  and  prudently  applied,  while  in  others  there 
is  just  cause  for  complaint.  It  is  believed  our  academic 
and  poor  school  funds  might  be  better  applied  to  purposes 
of  useful  education  if  our  present  imperfect  system  was 
wholly  abolished,  and  a  system  of  common  school  educa- 
tion organized  and  patronized  in  lieu  thereof.  I  have  ex- 
amined with  care  and  reflected  much  upon  the  systems  of 
common  school  education  adopted  by  the  dififerent  States 
in  the  Union,  and  marked  the  varied  success  of  each  ;  and 
although  the  experiments  of  other  States  may  aflford  much 
light  to  direct  our  course,  yet  I  am  fully  convinced,  to 
ensure  success  in  our  community,  we  shall  find  it  neces- 
sary to  adopt  a  plan  which  shall  be  based  upon  the  actual 
conditions  of  our  own  population,  and  not  flatter  ourselves 


114  REMOVAL  OF  THE  CHEROKEE 

with  the  idea  of  success  by  merely  following  the  footsteps 
of  others  whose  habits  and  modes  of  thinking  are  so  very 
different  from  our  own. 

The  State  of  New  York,  as  well  as  the  New  England 
States,  which  have  succeeded  best  in  diffusing  the  bless- 
ings of  education  to  their  whole  people,  have  all  main- 
tained the  right  and  duty  of  the  Legislature  to  provide 
for  the  education  of  their  entire  population.  And  for  the 
purpose  of  effecting  this  object,  the  entire  property  of  the 
State — no  matter  in  whose  possession  it  was  found — has 
been  made  subject  to  taxation  for  the  education  of  all. 
thus  regarding  the  children  of  the  whole  community  as 
being  under  the  care  of  the  Government. 

Whatever  advantages  may  have  been  derived  by  such 
legislation  and  the  establishment  of  such  principles,  in 
other  States,  I  feel  assured  that  such  principles  and  such 
legislation  are  by  no  means  suited  to  the  feelings  and 
habits  of  our  people. 

It  is  believed  that  no  legislation  upon  the  subject  of 
general  education,  however  wise  the  scheme,  can  be  suc- 
cessful, which  does  not  receive  the  approbation  of  the 
people  and  excite  inquiry,  interest  and  zeal  among  the 
great  body  of  the  community.  Let  the  people  once  turn 
their  earnest  attention  to  this  subject,  and  they  will  very 
soon  become  convinced  of  the  great  importance  and  ne- 
cessity of  their  individual  exertions  to  secure  the  benefits 
of  education  to  the  rising  generation.  Upon  due  reflec- 
tion and  full  examination,  the  people  will  become  con- 
vinced that  the  proper  education  of  the  rising  generation 
is  directly  and  intimately  connected  with  the  interest,  hap- 
piness and  prosperity  of  their  country,  and  the  perpetuity 
of  our  present  civil  institutions  and  good  form  of  govern- 
ment. The  neglect  of  educating  our  children  will  inevi- 
tably tend  to  the  decline  and  fall  of  our  Republic.  Our 
Government  is  based  upon  public  opinion,  and  that  opin- 
ion, to  be  salutary,  must  be  enlightened.  Let  that  knowl- 
edge which  accompanies  a  good  common  school  educa- 
tion be  diffused  throughout  our  country,  and  the  iron 
sway  of  ignorance  can  never  be  wielded  by  demagogues 
to  the  destruction  of  liberty.  Without  this  diffusion  of 
knowledge,  like  other  republics,  our  career  of  liberty  may 
terminate  in  licentiousness,  anarchy  and  despotism. 

Therefore,  if  we  would  transmit  to  posterity  the  sacred 
legacy  which  our  fathers  have  bequeathed  to  us,  we  must 
not  disregard  those  means,  upon  the  use  of  which  the  per- 
manency of  those  blessings  so  essentially  depends.     We 


INDIANS    FROM    GEORGIA. 


115 


must  bring-  into  requisition  all  our  means  for  the  diffu- 
sion of  education,  and  thereby  give  impulse  to  public  feel- 
ing. If  possible,  we  should  penetrate  the  bosom  of  our 
whole  population  on  this  subject  by  exhibiting  to  them  the 
practicability  and  importance  of  each  member  of  society 
contributing  some  humble  share  to  the  great  object  of  rais- 
ing talents,  merit  and  genius  from  obscurity  to  the  high- 
est walks  of  life,  and  in  bringing  the  lights  of  education 
to  every  dwelling  within  the  limits  of  our  beloved  State. 
Let  it  be  remembered  that  every  school  that  is  established, 
every  child  who  may  be  educated,  every  log  school  house 
that  is  built,  affords  a  new  pledge  in  favor  of  the  great 
cause  of  education,  liberty  and  free  government,  and  at 
the  same  time  let  each  individual  in  the  community  bear 
in  mind  that  dutv  to  his  country  assigns  him  a  part  in  this 
great  work. 

The  reports  of  the  Superintendents  of  the  public  lands, 
herewith  submitted,  will  exhibit  the  operations,  progress 
and  success  of  that  branch  of  the  public  service  during 
the  past  political  year.  Although  further  experience  has 
continued  to  develop  additional  imperfections  in  the  laws 
providing  for  the  improvement  of  our  great  market  roads, 
and  new  obstacles  to  all  that  success  which  we  desire  are 
occasionally  presented  to  those  who  superintend  the  work, 
yet  my  confidence  that  the  system  is  a  good  one,  and  that 
it  ought  to  be  continued  and  improved,  is,  by  every  day's 
experience,  more  fully  confirmed.  Georgia  has  not  been 
wanting  in  effort  to  facilitate  the  transportation  of  the 
immense  product  of  her  fruitful  soil  and  industrious  popu- 
lation. Large  sums  of  public  money  have  been  expended, 
from  time  to  time,  with  a  view  to  the  improvement  of  our 
navigable  waters  ;  but,  for  the  want  of  skill  and  experi- 
ence to  direct  its  application,  it  must  be  admitted  that  the 
people  have  not  derived  those  benefits  which  they  had  a 
right  to  expect  from  the  amount  thus  expended.  It  is  be- 
lieved, however,  that  no  want  of  success  which  may  have 
attended  our  attempts  at  internal  improvement  should 
for  a  moment  abate  our  zeal,  or  retard  our  efforts  in  a 
determined  and  vigorous  prosecution  of  such  public 
works  as  the  interest  of  the  people  demands.  I  would 
not  only  recommend  a  continuance  of  our  present  sys- 
tem of  road  improvement,  but  that  it  should  be  strength- 
ened and  improved. 

Excellent  roads  have  already  been  made  in  many  parts 
of  the  State,  by  the  labor  devoted  to  that  object ;  but 
every  part  of  the  State  has  not  been  made  to  feel  the  bene- 


Il6  REMOVAL  OF  THE  CHEROKEE 

fits  of  the  system,  and  those  parts  which  have  derived  no 
benefit  will,  from  the  nature  of  things,  become  restless  and 
dissatisfied,  unless  they  are  made  to  participate  in  the 
benefits  as  well  as  the  burthens  of  the  system. 

One  of  the  most  formidable  objections  to  the  present  sys- 
tem is  that  the  roads,  after  being  made  good,  are  not  kept 
in  repair ;  and  from  the  nature  of  our  soil  and  the  present 
plan  of  constructing  our  roads,  unless  repairs,  at  the  prop- 
er time  and  in  the  right  mode,  be  strictly  attended  to,  they 
must  necessarily  soon  fall  into  a  state  of  dilapidation  and 
ruin.  It  is  the  incumbent  duty  of  the  Legislature  to  pro- 
vide a  remedy  for  this  evil  which,  if  neglected,  will  most 
assuredly  destroy  the  whole  system.  Only  provide  for 
keeping  the  roads  in  complete  order  which  are  once  made 
good  by  the  State  hands,  and  in  less  than  twenty  years 
Georgia  will  have  the  best  roads  of  any  State  in  the  Union. 
It  is  submitted  to  the  Legislature  whether  it  should  not  be 
made  the  duty  of  the  county  authorities  in  which  roads 
are  constructed  by  the  State  hands  to  receive  such  roads 
from  the  Superintendent,  and  thereafter  be  compelled  to 
keep  them  in  as  good  order  as  when  received.  Upon  all 
the  roads  constructed  by  the  State  hands  such  provision 
should  be  made  by  law  as  would  ensure  the  keeping  in 
good  repair  of  all  necessary  bridges  and  causeways,  as 
well  as  the  road. 

Some  arrangement  should  be  made  which  will  ensure 
a  general  diffusion  of  the  benefits  arising  from  the  sys- 
tem to  every  section  of  the  State  as  to  prevent  the  con- 
flicting claims  of  different  commimities  from  embarrass- 
ing the  operations  of  the  Superintendents,  and  throwing 
more  than  a  just  share  of  responsibility  on  them.  I  would 
deem  it  most  advisable  for  the  Legislature  to  define  and 
point  out  the  principal  roads  which  shall  have  the  pref- 
erence in  order  of  time.  I  respectfully  submit  to  the  Leg- 
islature whether  under  all  circumstances  it  might  not  be 
expedient  to  provide  for  the  increase  of  laborers.  The 
settlement  of  the  northwestern  section  of  this  State  will 
loudly  call  for  road  improvement  in  that  quarter.  We 
may  anticipate  the  day  when  Georgia  will  enter  the  lists 
of  competitors  for  the  most  splendid  and  magnificent 
works  of  internal  improvements  when,  with  pride,  we  may 
point  to  her  railroads,  canals  and  turnpikes. 

But  before  the  accomplishment  of  these  grand  objects 
to  which  nature  seems  to  have  invited  the  hand  of  art  and 
industry,  our  territory  must  be  settled,  and  the  natural 
resources  of  our  State   developed,   which   alone   can   give 


INDIANS    FROM    GEORGIA.  ny 

the  true  index  to  direct  these  great  works.  For  the  pres- 
ent, let  our  expenditures  be  chiefly  confined  to  our  great 
market  roads,  and  let  every  portion  of  the  State  partici- 
pate in  the  benefits.  Let  our  roads  be  directed  to  our 
towns  at  the  head  of  navigation ;  and  where  it  is  practica- 
ble let  our  rivers  be  improved,  not  only  from  thence  to 
the  ocean,  but  as  far  into  the  interior  as  can  be  effected 
by  reasonable  expenditures,  in  the  removal  of  inconsid- 
erable obstructions.  I  consider  it  an  object  of  great  im- 
portance that  the  Falls  of  the  Chattahoochee,  from  West 
Point  to  Columbus,  should,  if  practicable,  be  surmounted 
by  the  hand  of  art,  so  that  our  rising  population  on  the 
border  of  that  noble  river  may  enjoy  the  immense  bene- 
fits which  would  flow  to  them  through  that  channel  of 
commerce.  In  conformity  with  the  provisions  of  a  resolu- 
tion of  the  last  Legislature,  authorizing  the  appointment 
of  a  competent  engineer  to  examine  and  report  to  the 
present  Legislature  upon  the  practicability  and  probaljle 
expense  of  rendering  the  Chattahoochee  river  navigable 
from  West  Point,  in  Troup  County,  to  the  town  of  Co- 
lumbus, an  arrangement  had  been  made,  by  the  selection 
of  an  individual  highly  recommended  for  his  qualifications, 
by  which  it  was  expected  that  the  present  Legislature 
would  be  furnished  with  the  desired  information.  The 
correspondence  herewith  submitted  will  show  the  cause 
of  the  disappointment. 

The  circulating  medium,  or  currency,  of  our  country 
having  long  since  been  changed  from  specie  coins,  having 
an  intrinsic  value,  to  that  of  paper,  purporting  to  be  the 
representative  of  the  precious  metals,  it  becomes  the  in- 
cumbent duty  of  the  Government,  in  authorizing  the  issue 
of  such  paper,  to  guard  well  the  interest  of  its  citizens 
against  the  frauds  and  devices  which  experience  has  dem- 
onstrated are  too  often  practiced  by  corporations  pos- 
sessing banking  privileges,  with  power  to  throw  into  cir- 
culation an  unsound  and  deceptive  paper  currency.  The 
currency  of  our  State  consists  almost  exclusively  of  the 
notes  of  our  own  local  banks,  and  therefore  our  people 
have  a  right  to  expect  that  the  solvency  of  these  institu- 
tions should  be  placed  upon  a  basis  which  should  not  sub- 
ject the  community  to  the  ruinous  consequences  which 
must  inevitably  grow  out  of  bank  failures. 

The  late  failure  of  the  Bank  of  Macon  should  be  suf- 
ficient warning  of  the  instability  of  all  such  institutions. 
The  Legislature,  at  their  last  session,  expressed  their  con- 
fidence in  the  good  condition  and  management  of  that  in- 


Il8  REMOVAL  OF  THE  CHEROKEE 

stitution  ;  since  which  time  its  defalcation  has  proved  to 
be  deeply  injurious  to  the  interest  and  credit  of  the  State, 
as  well  as  to  the  interest  of  many  of  our  honest  and  un- 
suspecting citizens.  The  public  interests  demand  that  an 
immediate  and  thorough  investigation  of  the  affairs  of  that 
institution  should  be  instituted  by  the  Legislature,  and  to 
further  that  object  I  herewith  submit  all  the  information 
I  have  received  on  the  subject. 

The  privileges  heretofore  granted  to  banking  com- 
panies are  not  to  be  violated.  But  I  would  unhesitatingly 
recommend  to  the  Legislature  the  adoption  of  such  meas- 
ures as  may  be  best  calculated  to  insure  to  the  people  a 
sound  currency,  and  prevent  our  banking  institutions  from 
speculating  on  a  confiding  community  by  extending  their 
issues  and  other  transactions  beyond  the  letter  and  spirit 
of  their  respective  charters.  That  love  of  gain  which  is 
so  inherent  in  human  nature  is  a  constant  temptation  to 
excessive  issues  of  bank  paper ;  and  the  commercial  and 
other  contingencies  to  which  all  communities  are  liable 
subject  banks  thus  situated  to  failures,  whenever  a  gen- 
eral demand  for  specie  may  be  made  upon  them  for  the 
redemption  of  their  bills.  The  issue  of  bank  notes  under 
five  dollars  should  be  discontinued,  and  gold  and  silver 
coin  made  to  supply  the  place  of  such  notes.  This  would 
at  all  times  keep  a  considerable  supply  of  specie  in  the 
country,  and  thereby  enable  the  banks  to  meet  sudden 
pressures,  and  would  moreover  have  a  strong  tendency 
to  equalize  the  value  of  bank  notes  and  coin. 

I  will  not  conceal  from  the  Legislature  that  it  was  with 
feelings  of  reluctance  that  my  assent  was  given  to  the  acts 
granting  banking  privileges,  at  the  last  session.  These 
feelings  alone  even  yielded  in  consideration  of  the  situa- 
tion of  our  rising  Western  towns  and  increasing  popula- 
tion. If  banks  afford  any  advantages  to  communities  it 
was  believed  to  be  fair  and  right  that  those  advantages 
should  be  extended  to  the  people  in  every  section  of  the 
State,  and  not  permit  the  moneyed  influence  of  the  coun- 
try to  be  concentrated  for  the  exclusive  advantage  or  de- 
pression of  any  particular  section.  All  legislation  which 
gives  exclusive  privileges  to  capitalists  is  calculated  to 
increase  the  power  of  the  rich,  while  the  humble  members 
of  society,  who  are  incessantly  laboring  at  their  daily 
avocations  for  the  sustenence  of  themselves  and  families, 
have  neither  time  nor  money  to  participate  in  the  profits 
and  influence  which  are  secured  to  banking  and  other 
similar   corporate   companies,   and   therefore   have   a   just 


INDIANS    FROM    GEORGIA.  II9 

right  to  complain  of  that  government  which  increases 
the  power  of  the  rich  at  the  expense  of  the  poor.  Equal 
protection  and  equal  benefits  are  all  that  the  poor  man 
asks  from  his  government ;  and  nothing  less  will,  or  ought 
to,  satisfy  a  citizen  of  this  free  country.  But,  on  the  other 
hand,  the  rich  are  seldom  satisfied  with  equal  protection 
and  equal  benefits.  Their  inordinate  cravings  for  gov- 
ernmental favors  and  protection  have  already  produced 
the  most  alarming  results,  such  as  threaten  the  destruc- 
tion of  the  Federal  Union  itself. 

The  laws  of  the  State  upon  most  subjects  of  general 
interest  have  become  so  multiplied  and  complicated,  and, 
in  some  instances,  contradictory  in  their  provisions,  as  to 
render  a  faithful,  just  and  uniform  administration  of  them 
exceedingly  difficult,  if  not  impracticable.  I  would  there- 
fore submit  to  the  Legislature  the  expediency  of  provid- 
ing by  law  for  a  general  revision  of  the  statutes  of  this 
State,  embracing  in  a  compact  form  the  several  statutes 
relating  to  its  civil  polity  and  internal  administration,  the 
whole  to  be  consolidated  and  arranged  in  appropriate 
chapters,  titles  and  articles,  simplifying  the  language 
thereof,  and  all  omissions  and  other  defects  supplied  by 
the  compilers,  the  whole  of  which  should  be  submitted  to 
the  Legislature  for  revision,  adoption,  or  rejection.  It  is  be- 
lieved that  other  States  have  succeeded  in  similar  efforts  to 
the  one  now  proposed,  and  why  should  not  we  succeed? 
We  have  competent  individuals  who  could  discharge  with 
ability  the  arduous  and  responsible  duties  contemplated — 
men  of  experience,  general  science  and  elevated  legal 
standing.  While  I  entertain  the  highest  respect  and  con- 
fidence in  the  General  Assembly  of  this  State,  I  consider 
its  structure  and  formation  such  as  to  exclude  the  hope 
of  effecting  the  very  desirable  object  herein  contemplated 
by  the  ordinary  process  of  legislation.  A  revised  code  of 
our  present  statutes,  embracing  their  present  substance 
in  a  concise,  perspicuous  and  simplified  form,  can  only  be 
obtained  from  the  labor  of  patient  research  and  vminter- 
rupted  reflection,  based  upon  talents  and  qualifications 
of  the  first  order. 

The  territory  embraced  in  Cherokee  County  should  be 
divided  into  counties  of  suitable  size  and  form  to  pro- 
mote the  convenience  of  that  portion  of  our  population 
who  may  inhabit  that  section  of  the  State ;  and  the  organ- 
ization of  such  counties  should  be  provided  for  without 
unnecessary  delay.  The  situation  of  the  public  property 
embraced    in    the    fractional    surveys    requires    immediate 


I20  REMOVAL  OF  THE  CHEROKEE 

legislation,  which  will  place  that  portion  of  the  public  in- 
terest beyond  the  probability  of  trespass  or  intrusion.  I 
would  therefore  recommend  that  said  fractions  be  dis- 
posed of  with  the  least  possible  delay,  and  be  made  avail- 
able for  public  uses. 

The  various  acts  and  resolutions  of  the  last  Legisla- 
ture requiring  Executive  action  have  been  carried  into 
effect,  or  are  in  a  course  of  execution,  with  the  exceptions 
herein  before  pointed  out.  An  abstract  of  warrants  drawn 
on  the  Treasurer  during  the  political  year  1832,  a  list  of 
Executive  appointments  made  during  the  recess  of  the 
Legislature,  and  the  reports  made  to  this  department  by 
the  different  banks,  accompany  this  message.  Various 
resolutions  passed  by  the  Legislatures  of  several  States, 
upon  subjects  of  general  concern,  are  also  lierewith  trans- 
mitted. 

A  beautiful  map,  atlas,  and  well  executed  statistical 
view  of  the  State  of  Maine  has,  by  the  direction  of  the 
Legislature  of  that  State,  been  presented  to  Georgia,  in 
a  manner  worthy  of  that  patriotic  State  ;  and  as  the  organ 
of  Georgia,  when  acknowledging  such  favors,  I  cannot 
avoid  feelings  of  mortification  that  we  are  no  better  pre- 
pared to  reciprocate  such  kind  attentions. 

I  might  here  close  this  communication,  under  the  con- 
viction of  having  submitted  for  the  consideration  of  the 
Legislature  the  most  important  subjects  which  will  re- 
quire their  attention  during  the  present  session ;  but  at 
a  time  like  the  present,  when  our  country  is  agitated  from 
its  centre  to  its  circumference  upon  subjects  of  vital  im- 
portance to  the  cause  of  liberty,  and  the  perpetuation  of 
our  civil  institutions,  I  deem  it  to  be  a  duty  attached  to 
the  trust  which  I  occupy  to  give  a  free  and  frank  avowal 
of  my  sentiments  upon  the  exciting  subjects  before  us 
regarding  alone  the  interest  of  my  country. 

Upon  all  subjects  relating  to  the  usurpations  of  the 
Federal  Government,  and  especially  upon  that  of  the  pro- 
tective tariff  system,  great  unanimity  of  opinion  prevails 
throughout  this  and  the  Southern  States  generally.  They 
never  will  be  reconciled  to  the  present  tariff,  or  the  prin- 
ciples upon  which  it  is  based.  They  believe  it  to  be  con- 
trary to  the  principles  and  spirit  of  the  Federal  Constitu- 
tion, and  the  auxiliary  measures  by  which  this  odious  sys- 
tem of  taxation  is  kept  up  and  supported  are  no  less  ob- 
jectionable than  the  tariff  itself.  The  partial  and  extrava- 
gant appropriations  of  every  succeeding  Congress,  since 
the  introduction  of  this  desolating  and  strife-stirring  sys- 


INDIANS    FROM    GEORGIA.  121 

tem,  clearly  evince  an  abandonment  of  those  principles 
of  economy  and  republican  simplicity  upon  which  our 
Federal  system  is  based. 

To  preserve  and  perpetuate  the  blessings  of  our  po- 
litical institutions,  it  is  indispensable  that  the  Federal  and 
State  Governments  should  be  kept  within  the  limits  of 
their  constitutional  spheres  of  action.  Intolerable  as- 
sumption and  usurpations,  which  will  not  yield  to  the  or- 
dinary influence  of  reason  and  justice,  must  be  checked 
by  some  means ;  and  the  power  to  accomplish  this  end 
must  unquestionably  reside  in  the  respective  Sovereignties. 
It  is  inconsistent  with  every  principle  of  liberty  and  free 
government  for  the  political  reserved  rights  of  a  State 
to  be  confided  to,  or  dependent  on.  the  decision  of  any 
power  under  Heaven,  except  it  be  the  will  of  her  own  peo- 
ple. When  burthens  become  insufferable,  the  time,  the 
mode,  and  the  measure  of  redress  are  questions  which 
must  be  determined  by  those  who  feel  themselves  ag- 
grieved; and  this  brings  us  at  once^to  the  questions  which 
at  this  time  agitate  the  public  mind. 

The  people  of  this  State  have  already,  through  their 
primary  assemblies,  as  well  as  by  their  representatives 
in  Congress,  and  the  State  Legislature,  repeatedly  remon- 
strated and  protested  against  the  protective  tariff  system, 
and  declared  their  interminable  hostility  to  it. 

While  the  feelings  of  our  people  have  been  strong  and 
urgent  on  this  subject,  they  have,  nevertheless,  exercised 
a  spirit  of  moderation  and  forbearance,  under  the  pros- 
pect of  relief  being  afforded  before  endurance  would  be- 
come intolerable. 

We  have  looked  to  the  final  extinguishment  of  the 
public  debt  as  the  period  when  we  should  be  relieved  from 
the  burthens  of  unequal  taxation. 

And  our  hopes  have  been  strengthened  and  encour- 
aged from  the  patriotic  and  independent  course  which  has 
been  pursued  by  the  present  Executive  of  the  United 
States,  in  arresting,  by  his  veto,  unconstitutional  measures 
of  expenditure.  This  check  upon  the  extravagant  meas- 
ures of  Congress  has  been  well  calculated  to  strengthen 
the  hope  that  the  Federal  Government  might  finallv  be 
brought  back  to  the  principles  of  the  Constitution.  Hither- 
to we  have  confided  much  in  the  republican  doctrine,  that 
freedom  of  discussion  would  eventually  give  to  truth  the 
victory  over  errors,  without  considering  as  we  ought  that 
exceptions  must  be  made,  where  the  majority  believe  it 
to  be  their  interest  to  decide  erroneously.     But,  whatever 


122  REMOVAL  OF  THE  CHEROKEE 

may  have  been  our  anticipations,  thus  far  it  must  be  ad- 
mitted that  our  reasonable  expectations  have  been  great- 
ly disappointed,  and  that  burthens  of  which  we  complain 
have  been  but  partially  alleviated.  Nevertheless,  with 
these  discouraging-  facts  before  me,  I  still  feel  extreme 
reluctance  at  the  idea  of  yielding  up  all  hope  of  a  peace- 
able and  satisfactory  adjustment  of  these  perplexed  and 
embarrassing  questions,  through  the  operations  of  the 
constitutional  authorities  of  the  country.  The  proceed- 
ings of  the  late  session  of  Congress  were  noted  with  in- 
tense interest  and  solicitude,  and  with  a  spirit  and  desire 
to  find  something  in  the  proceedings  of  that  body  tend- 
ing to  harmony,  founded  upon  acts  of  justice,  and  a  more 
sacred  regard  to  the  principles  of  our  Federal  system.  But 
each  succeeding  mail,  during  the  late  long  session,  did 
but  strengthen  my  misgivings  m  longer  looking  to  that 
body  to  save  the  country  from  the  threatening  evils  of 
partial,  oppressive  and  unconstitutional  legislation.  Yet 
justice  requires  the  admission  that  in  the  passage  of  the 
Tariff  act  of  the  late  session  a  majority  of  both  branches 
of  Congress  did  manifest  something  of  a  spirit  of  concili- 
ation towards  each  other.  This  majority,  too,  manifested 
a  spirit  of  co-operation  with  the  Executive  branch  of  the 
Federal  Government,  in  sustaining  this  act,  which  (al- 
though by  no  means  a  satisfactory  measure  of  compro- 
mise) has  been  calculated  to  allay  present  excitement,  and 
to  check  the  impetuosity  of  the  rash  and  violent.  This 
act  was  passed  by  the  votes  of  members  who  did  not  ap- 
prove its  provisions,  but  sustained  it  as  a  choice  of  evils. 
They  voted  for  its  passage  in  preference  to  disunion,  or 
the  tarifif  act  of  1828.  While  I  consider  the  principles  of 
the  late  act  equally,  if  not  more  obnoxious  than  that  of 
1828,  yet  I  am  bound  to  admit  that  it  relieves  the  whole 
people  of  the  United  States  of  a  portion  of  the  burthens 
of  taxation ;  and,  therefore,  it  may  be  considered  as  an 
effort,  at  least  on  the  part  of  a  portion  of  the  friends  of 
the  protective  system,  to  modify  the  law,  so  as  to  make 
it  less  obnoxious  to  our  feelings.  But  unless  this  spirit 
of  conciliation  is  followed  by  further  concessions,  they  do 
but  deceive  themselves,  if  they  suppose  the  South  will 
ever  become  reconciled.  Upon  a  full  view  of  the  whole 
subject  I  would  most  decidedly  recommend  that  our  for- 
bearance and  moderation  be  made  manifest  to  the  whole 
Union,  before  we  enter  upon  any  doubtful  or  violent  rem- 
edy calculated  to  jeopardize  the  existence  of  the  Federal 
Union  itself.     Our  complaints   are  just,    and    our    cause 


INDIANS    FROM    GEORGIA.  123 

righteous ;  endurance  is  yet  not  intolerable ;  and  a  new 
Congress,  under  the  late  census,  will  assemble  under  cir- 
cumstances and  at  a  time  more  auspicious  for  calm  and 
patriotic  deliberations.  I  am  not  a  stranger  to  the  selfish- 
ness of  man  and  of  communities,  but  1  have  not  yet  lost 
all  confidence  in  the  virtue  and  intelligence  of  the  Ameri- 
can people. 

If  our  opponents  be  capable  of  wise  self-government, 
they  must  ere  long  be  brought  to  see  the  justice  of  our 
cause,  based  as  it  is  on  principles  no  less  essential  to  them 
than  to  us ;  at  least,  may  we  not  hope  that  the  common 
classes  of  the  laboring  people  everywhere  will  yet  be 
brought  to  unite  with  us  against  the  whole  system,  as  be- 
ing designed  to  benefit  an  aristocratic  few  and  to  oppress 
the  poor  for  the  exclusive  benefit  of  the  wealthy.  But 
should  these,  my  best  anticipations,  be  founded  in  error, 
and  originate  in  weakness,  I  beseech  my  countrymen  who 
are  in  favor  of  direct  and  immediate  resistance  to  remem- 
ber that  they  are  required  by  every  principle  of  sound 
philosophy,  virtue  and  patriotism  to  exercise  patience  and 
long  forbearance  towards  their  brethren  of  the  same  faith 
and  principles  with  themselves,  in  regard  to  the  usurpa- 
tions of  the  Federal  Government.  It  is  truly  gratifying 
to  know  that  the  Southern  people  are  so  well  agreed  as 
to  the  existence  of  the  evils  complained  of.  This  being 
the  case,  nothing  but  union  and  concert  are  wanting  to 
give  an  irresistible  moral  force  to  our  opinions  and  feel- 
ings, and  to  make  ourselves  formidable  in  any  event.  To 
obtain  this  desired  union  of  action,  time  and  labor  are  re- 
quired. I  do  not  consider  the  mode  and  manner  of  pro- 
ducing these  joint  deliberations  material,  nor  do  I  care 
by  what  name  such  councils  may  be  called.  It  is  only 
necessary  that  these  measures  should  emanate  directly 
from  the  enlightened  and  deliberate  will  of  the  people, 
founded  upon  their  inherent  and  unalienable  rights,  ad- 
mitted to  be  extraordinary,  and  intended  to  meet  a  most 
extraordinary  crisis.  No  State  can  act  efficiently  in  sus- 
taining her  just  rights  against  a  mighty  power,  unless  her 
own  population  are  united  in  the  policy  to  be  pursued. 
I  cannot  consider  it  advisable  for  a  single  State,  upon  her 
separate  action,  to  undertake  to  force  a  redress  of  griev- 
ances from  the  Federal  Government,  while  her  sister 
States,  equally  interested,  are  not  even  consulted  as  to 
the  policy  to  be  pursued. 

Principles  of  common  courtesy  must  concede  to  the 
members  of  the   same  confederacy    or    copartnership    a 


124 


REMOVAL  OF  THE  CHEROKEE 


right  to  participate  in  all  councils  where  the  subject  un- 
der consideration,  and  the  poHcy  to  be  adopted,  are  equal- 
ly interesting  to  each  member.  Whenever  a  case,  how- 
ever, shall  arise  wherein  a  single  State  shall  be  oppressed 
by  the  usurpations  of  Federal  power,  and  that  pressure 
shall  be  confined  to  her  local  interest  alone,  and  conse- 
quently produce  no  identity  of  feeling  or  interest  in  the 
other  States,  then  I  would  consider  it  the  incumbent  duty 
of  the  aggrieved  State  to  judge  and  act  for  herself,  inde- 
pendently of  the  advice  and  opinions  of  others. 

It  is  due  to  the  sovereign  character  of  every  State  of 
the  Union  to  maintain  its  territorial  rights  and  policy 
over  its  own  population. 

These  are  rights  which  can  never  be  surrendered  by 
a  free  State,  or  submitted  to  the  arbitration  of  others. 
But,  upon  the  subject  of  the  tariff,  shall  Georgia  under- 
take to  redress  the  grievances  of  the  whole  South  ?  Shall 
we  not  hearken  to  the  voice  and  movements  of  our  sis- 
ter States  who  agree  with  us  in  principle  and  feeling? 
Or  shall  w'e  precipitately  rush  forward  upon  a  novel  and 
untried  theory,  which  may  disgust  our  sister  States,  end 
in  abortion,  and  prove  to  be  worse  than  submission  itself? 
The  States  which  agree  in  principle  must  be  brought  to 
act  in  concert  before  they  can  reasonably  hope  to  pro- 
duce the  consummation  desired  by  the  opponents  of  the 
protective  system,  as  well  as  every  true  patriot  and  friend 
of  the  Federal  Union.  Separate  action  upon  this  subject 
is  calculated  to  engender  strife  and  disunion,  anarchy  and 
confusion  among  brethren  of  the  same  principles. 

The  mystical  doctrine  of  nullification,  as  contended 
for  by  its  advocates,  has  only  tended  to  bewilder  the  minds 
of  the  people,  inflame  their  passions,  and  prepare  them 
for  anarchy  and  revolution.  Wherever  it  spreads,  it  en- 
genders the  most  bitter  strifes  and  animosities,  and  dis- 
solves the  most  endearing  relations  of  life.  I  believe  nul- 
lification to  be  unsound,  dangerous  and  delusive,  in  prac- 
tice as  well  as  theory.  Its  advocates  have,  with  great 
ability,  endeavored  to  make  their  theory  harmonize  with 
the  principles  and  operations  of  our  Federal  and  State 
systems  of  government.  But  in  my  opinion  the  very  es- 
sence of  their  doctrine  tends  directly  to  destroy  all  har- 
mony between  the  Federal  and  State  governments,  and 
must  inevitably  produce  the  most  direct  and  vexatious 
conflict,  whenever  it  may  be  attempted  by  a  State  to  en- 
force the  theory  of  nullification.  I  am  unable  to  compre- 
hend or  conceive  of  a  peaceable,  constitutional  harmony 


INDIANS   FROM   GEORGIA. 


125 


which  would  attend  a  measure  emanating  from  one  twen- 
ty-fourth part  of  the  sovereign  power  of  the  Union ; 
which  measure  should  stop  the  revenue  operations  of  the 
Federal  Government.  Great  ingenuity  has  been  exercis- 
ed to  blend  this  new  theory  with  the  admirable  principles 
and  doctrines  of  state  rights,  as  set  forth  and  successfully 
advocated  by  Thomas  Jefferson.  But,  after  the  most  dili- 
gent research,  I  have  not  been  able  to  find  where  Mr. 
Jefferson  ever  attempted  to  delude  the  people  into  the  be- 
lief that  when  reason  failed,  and  endurance  became  intol- 
erable, a  single  State  could,  by  its  act  of  nullification,  force 
the  Federal  Government  to  retract  from  its  measures  of 
usurpation.  JNIr.  Jefiferson  would  have  called  such  a  meas- 
ure on  the  part  of  a  State  by  its  plain,  proper  name,  resist 
ance  to  intolerable  usurpation. 

Georgia  should  not  suffer  herself  to  be  deluded  or  flat- 
tered into  the  belief  that  her  rights  have  heretofore  been 
maintained  upon  the  principle  and  doctrines  of  nullifica- 
tion, as  contended  for  by  the  present  advocates.  It  is  true, 
we  may  look  back  with  pride  and  pain  on  our  past  con- 
flict with  Federal  usurpation.  Upon  several  occasions  we 
have  been  compelled  to  throw  ourselves  upon  our  reserved 
rights,  and  resist  Federal  encroachment ;  but  we  have 
never  veiled  ourselves  in  the  fiimsy  garment  of  peaceable 
constitutional  nullification.  In  these  delicate  and  highly 
responsible  acts,  Georgia  has  always  relied  on  her  own 
population,  the  justice  of  her  cause,  and  the  virtue  and  in- 
telligence of  the  people  of  the  United  States,  to  sustain  her 
unquestionable  constitutional  rights.  And  hitherto  our 
confidence  has  not  been  misplaced ;  we  have  had  able 
friends  and  advocates  in  every  part  of  the  Union  who  have 
stood  by  us  in  times  of  the  greatest  peril.  We  are  at  pres- 
ent very  improperly  charged  with  nullifying  the  inter- 
course laws  and  Indian  treaties  of  the  United  States,  when, 
in  fact,  these  laws  and  treaties  were  set  aside,  and  had 
become  measurably  obsolete,  by  the  acts  and  assumptions 
of  the  Cherokee  Indians  themselves ;  Georgia,  by  her 
course  of  policy,  has  only  nullified  the  arrogant  assump- 
tion of  sovereign  power,  claimed  and  set  up  by  a  rem- 
nant of  the  aboriginal  race  within  her  acknowledged  char- 
tered limits. 

Finally,  fellow  citizens,  let  us  strive  to  be  of  one  mind 
— let  our  measures  be  founded  in  wisdom,  justice  and  mod- 
eration— constantly  bearing  in  mind  the  sacred  truth,  that 
a  Nation  or  State  ''divided  against  itself,  cannot  stand." 

WILSON  LUMPKIN. 


126  REMOVAL  OF  THE  CHEROKEE 

ANNUAL  MESSAGE,  1833. 

Executive  Department,  Georgia. 

Milledgeville,  Navember  5th,  1833. 

Fellow  Citizens   of  the   Senate  and   House   of  Represen- 
tatives : 

At  no  period  of  our  political  existence  have  the  repre- 
sentatives of  the  people  of  Georgia  assembled  under  cir- 
cumstances more  signally  calculated  to  impress  the  mind 
with  a  deep  sense  of  gratitude  to  Almighty  God.  It 
would,  indeed,  savor  of  infidelity  not  to  feel  duly  impressed 
with  the  sense  of  our  renewed  obligations  to  the  Great 
Author  and  Disposer  of  the  destinies  of  men  and  of  nations, 
for  the  many  and  inestimable  blessings  vouchsafed  to  us. 
His  offending  creatures.  While  the  chastening  scourge 
of  Heaven  has  been  visited  upon  people  of  both  hemi- 
spheres, carrying  in  the  train  of  pestilence,  horror,  de- 
spair and  death — people  of  our  State  have  not  only  been 
shielded  from  the  wide-spreading  desolation,  but  have  en- 
joyed an  unusual  degree  of  health  and  prosperity. 

Propitious  seasons,  a  productive  soil,  and  genial  cli- 
mate, have  crowned  the  labors  of  our  industrious  agri- 
cultural population  with  a  bountiful  reward  for  all  their 
toil.  Our  barns  and  store-houses  are  filled  with  plenty, 
and  the  surplus  products  of  our  labor  command  a  price 
which  amply  remunerates  the  laborer  for  all  his  care  and 
industry. 

Indeed,  the  various  avocations  which  diversify  the 
labor  of  our  citizens  find  an  ample  and  speedy  reward, 
proportioned  to  the  skill  and  industry  employed.  Most 
of  our  people  cultivate  their  own  freehold  estate^  and  are 
literally  sitting  under  their  own  vines  and  trees,  and  none 
to  make  them  afraid.  Our  prisons  have  no  insolvent  debt- 
ors— we  have  scarcely  a  pauper  in  the  land,  except  a  few 
who  have  become  such  from  habits  of  intemperance.  As 
a  State,  we  enjoy  the  overflowing  bounties  of  a  beneficent 
Providence.  On  terms  of  amity  with  all  governments, 
we  are  blessed  with  the  quiet  and  peaceable  possession  of 
our  long  contested  territorial  rights,  rapidly  increasing  in 
population  and  wealth,  accumulating  from  the  continual 
developments  of  the  natural  resources  of  our  State. 

Our  inexhaustible  mines  and  minerals  have  opened  a 
wide  field  for  the  employment  of  the  most  extensive  science, 
skill  and  industry,  which  is  drawing  to  our  State,  with  ir- 
resistible impulse,  capital,  skill  and  enterprise  from  vari- 


INDIANS    FKOM    GEORGIA. 


127 


ous  parts  of  the  world.  Comparatively  free  from  indi- 
vidual distress  as  well  as  exempt  from  public  debt,  our 
people  are  possessed  of  abundant  means  of  promoting 
their  individual  happiness,  as  well  as  their  political  pros- 
perity. 

In  the  midst  of  all  these  multiplied  blessings  it  is  truly 
mortifying  to  witness  the  restless  spirit  of  agitation  and 
political  excitement  which  has  been  engendered  and  vig- 
orously kept  up  amongst  the  people,  calculated,  if  not  in- 
tended, to  alienate  their  affections  from  their  own  beloved 
political  institutions.  That  the  value  of  our  Federal  Union 
should  have  become  a  familiar  subject  of  calculation  is 
truly  alarming,  and  argues  little  for  the  patriotism  of  those 
who  encourage  discussions  upon  such  a  subject. 

Who  could  have  believed,  ten  years  ago,  that,  at  this 
early  day,  we  should  have  witnessed  speculative  discussion 
upon  such  a  theme  ?  Or  that  it  could  have  become  the 
leading  topic  of  a  certain  class  of  politicians?  The  Union 
of  the  States,  one  a7id  mdivisible,  is  now  no  longer  the 
motto  of  every  American  citizen !  These  "signs  of  the 
times"  speak  volumes  of  admonition  to  every  lover  of 
constitutional  liberty,  and  should  fire  the  bosom  and  nerve 
the  arm  of  patriotism  in  the  cause  of  the  Union.  Not- 
withstanding these  threatening  evils,  it  is  gratifying  to 
see  that  our  admirable  system  of  free  government,  based 
upon  the  will  and  affections  of  the  people,  continues  to 
unfold  the  appropriate  ability  contained  in  its  structure 
to  withstand  the  assaults  of  foreign  and  domestic  foes. 
The  enemies  of  our  Government,  whether  open  or  insid- 
ious, under  whatever  specious  form  or  pretext,  appear  to 
be  doomed  to  discomfiture  whenever  they  attempt  to  alien- 
ate the  affections  of  the  people  from  that  Government 
which  is  emphatically  the  offspring  and  nursling  of  their 
effort  and  care. 

The  people  may  alter  and  change,  as  to  them  may 
seem  fit;  but  that  they  would  destroy  that  mighty  gov- 
ernmental fabric,  reared  by  the  toils  and  cemented  by  the 
blood  of  their  fathers — merely  for  the  aggrandizement  of 
selfish  demagogues  and  strife-stirring  politicians — is  not 
to  be  expected. 

The  spirit  that  guided  our  Washington  has  hitherto 
pervaded  and  saved  our  country.  The  champions  of  civil 
and  rehgious  liberty,  of  popular  rights  and  constitutional 
government,  have  thus  far  succeeded  and  triumphed  over 
all  opposition.  Therefore,  we  should  not  be  dismayed  at 
the  symptoms  of  yielding  integrity  and  treasonable  ambi- 


128  REMOVAL  OF  THE  CHEROKEE 

tion  which  have  been  engaged  in  estimating  the  vakie  and 
threatening  the  dissolution  of  our  Federal  Union.  I  am 
willing  to  charge  the  errors  of  all  such  rather  to  selfish 
delusion  than  traitorous  designs ;  and  wjW  therefore  hope 
that  the  clouds  which,  at  present,  overshadow  our  politi- 
cal horizon  may  quietly  pass  away  before  they  gather 
into  a  ruinous  tempest.  But  it  has  been  truly  said  that 
"the  condition  on  which  God  granted  liberty  to  man  is 
perpetual  vigilance."  We,,  therefore,  fellow  citizens,  as 
the  sentinels  of  the  people,  should  exercise  the  most  un- 
ceasing vigilance,  and  suffer  not  ourselves  to  be  led  astray 
"by  every  wind  of  doctrine."  Let  us  follow  in  the  foot- 
steps and  adhere  to  the  doctrines  of  Washington,  Jeffer- 
son and  Madison,  and,  so  far  as  the  influence  and  example 
of  Georgia  will  extend,  our  Republic  will  be  safe. 

The  drawing  of  the  lotteries,  which  was  in  progress 
at  the  last  session  of  the  Legislature,  was  completed  about 
the  first  of  May  last ;  and  the  act  of  the  Legislature,  pro- 
viding for  the  organization  of  ten  new  counties  out  of  the 
territory  thus  disposed  of,  has  been  carried  into  effect ; 
and  we  have  now  a  settled  freehold  population  on  every 
part  of  our  territory  competent  to  the  administration  of 
our  laws,  so  far  as  to  secure  most  of  the  blessings  of  our 
system  to  those  whose  enterprise  has  led  them  to  become 
settlers  in  that  interesting  section  of  our  State,  hitherto 
the  abode  of  a  people  wholly  unqualified  to  enjoy  the 
blessings  of  wise  self-government.  The  accomplishment 
of  this  great  and  desirable  object  to  our  State  has  been  at- 
tended at  every  step  with  the  most  unrelenting  and  ob- 
stinate opposition.  The  unfortunate  remnants  of  the 
Cherokees  have  for  years  past  been  made  the  dupes  and 
instruments  of  selfish  and  ambitious  politicians,  whose 
restless  spirits  have  urged  them  to  acts  of  mischief  de- 
grading to  humanity  itself.  In  the  early  part  of  the  pres- 
ent year  another  earnest  and  liberal  effort  was  made  by 
the  President  of  the  L^nited  States  to  effect  a  treaty  with 
the  Cherokees,  having  for  its  object  their  entire  removal 
beyond  the  ]Mississippi,  which  object,  it  is  believed,  was 
defeated  alone  by  a  few  of  the  interested  half-breeds  who 
are  evidently  under  the  influence  of  political  men  who 
stand  opposed  to  the  true  interest  of  the  Indians,  as  well 
as  that  of  the  State.  The  failure  to  effect  a  treaty  has  not, 
however,  prevented  a  continuance  of  our  efforts  to  ef- 
fect the  object  of  removing  the  Indians  at  an  early  day 
as  possible.  Another  opportunity  for  enrollment  for  emi- 
gration has  been  extended  to  such  as  may  be  disposed  to 


INDIANS    FROM    GEORGIA.  129 

remove ;  and  I  am  gratified  to  learn  that  many  of  the  in- 
telligent and  influential  among  them  have  availed  them- 
selves of  the  liberal  terms  proposed.  Therefore,  the  day 
cannot  be  distant  \vhen  the  State  will  be  entirely  relieved 
from  the  perplexities  occasioned  by  this  portion  of  its 
population.  It  will,  however,  become  the  duty  of  the  Leg- 
islature at  its  present  session  to  revise  and  amend  our 
laws  providing  for  the  government  and  protection  of  the 
Indians.  Experience  has  already  exposed  many  defects 
and  ambiguities  in  the  existing  laws  on  this  subject  which 
should  be  speedily  remedied.  In  our  anxiety  to  provide 
for  the  welfare  and  protect  the  rights  of  this  unfortunate 
race,  we  have  in  some  instances  given  advantages  to  the 
native  population  over  our  white  citizens ;  which  advant- 
ages, when  exercised  under  the  influence  of  selfish  counsel, 
become  oppressive  to  our  white  population  who  are,  cer- 
tainly, not  less  entitled  to  the  protection  of  our  laws  than 
the  native  race,  however  just  may  be  their  claims  on  the 
sympathies   of  an  enlightened  government. 

Under  our  existing  laws  the  reservations  of  land  se- 
cured to  the  natives  during  their  pleasure  are,  in  many 
instances,  unreasonably  large,  and  ought  to  be  curtailed 
by  judicious  legislation. 

I  would  also  claim  the  attention  of  the  Legislature  to 
another  description  of  native  claims,  which  involves  con- 
siderations of  the  greatest  importance  to  the  interest  and 
honor  of  the  State.  A  class  of  the  individuals,  chiefly  of 
♦^he  white  and  mixed  blood,  and  who  claim  the  right  of 
natives  within  the  limits  of  Georgia,  are  persons  who,  un- 
der the  Treaties  of  1817  and  1819,  took  valuable  fee-simple 
reservations  of  the  best  land  then  ceded,  under  an  ex- 
pressed written  determination  to  become  citizens  of  the 
United  States,  and,  consequently,  abandoning  all  their 
claims  of  rights  or  privileges  as  a  part  or  portion  of  the 
Cherokee  Nation. 

Nevertheless,  these  persons  have  since  sold  and  dis- 
posed of  their  reserved  lands,  thus  taken,  for  large  con- 
siderations of  money  for  their  individual  benefit,  and  have 
since  gone  into  the  country  still  occupied  by  the  remnant 
of  the  Cherokees,  and  again  made  selections  and  settle- 
ments on  the  most  valuable  lands  of  that  portion  of  their 
people  who  had  not  participated  in  an  equal  degree  with 
themselves  in  the  benefits  of  the  treaties  referred  to.  More- 
over, these  very  individuals,  by  their  superior  intelligence 
and  advantages  of  education,  have  had  the  address  to  re- 
gain an  influence  over  the  Cherokees,  whom  they  had  once 


I30  REMOVAL  OF  THE  CHEROKEE 

abandoned  to  their  fate,  so  far  as  to  rule,  govern  and  in- 
fluence them  in  all  matters  relating  to  their  most  impor- 
tant interest,  and  have  been  for  years  past,  and  continue 
to  be,  the  prime  and  efficient  cause  of  preventing  the 
Cherokees  from  yielding  to  the  liberal  and  beneficent 
plans  of  the  Federal  Government  for  removing  them  to 
the  west  of  the  Mississippi.  The  insolence  and  mischiev- 
ous influence  of  these  individuals  should  no  longer  re- 
ceive the  indulgence  or  countenance  of  extraordinary  priv- 
ileges from  the  Federal  or  State  Government,  but  should 
be  treated  by  both  governments  as  intruders  of  the  most 
assuming  character. 

The  lands  now  in  the  occupancy  of  these  persons  un- 
der our  existing  laws  ought  to  be  granted  to  the  drawers, 
who  are  the  rightful  owners  and  who  have  been  restrained 
from  the  occupancy  by  the  laws  of  the  State  now  in  force. 

These  persons  have  alread}^  done  their  own  people, 
the  State  of  Georgia,  and  our  common  country  great  and 
serious  injury.  They  have  been  the  dupes  and  instru- 
ments, at  home  and  abroad,  of  desperate  political  agita- 
tors, whose  factious  spirits  are  unbridled  by  the  restraints 
of  virtuous  patriotism. 

A  judicious  and  well  regulated  system  of  public  econ- 
omy requires  that  the  people  and  their  representatives 
should  be  perfectly  familiar  with  the  financial  condition 
and  resources  of  the  State.  No  branch  of  political  econ- 
omy requires  greater  skill,  wisdom  and  prudent  forecast, 
in  a  government  like  ours,  than  that  of  devising  the  ways 
and  means  to  meet  the  expenditures  which  popular  opin- 
ion seems  to  demand.  At  this  time  the  general  voice  of 
every  political  community  is  raised  in  favor  of  general 
education,  as  well  as  a  liberal  cultivation  of  the  arts  and 
sciences.  Nor  is  the  demand  less  urgent  for  the  most 
splendid  works  of  internal  improvement.  All  this  I  deem 
to  be  proper  enough — no  one  desires  the  advancement  of 
the  country  in  these  important  objects  more  than  I  do — 
but  true  dignity  consists  in  living  within  our  circum- 
stances ;  and  let  us,  therefore,  scrutinize  our  means.  The 
people  of  Georgia  have  long  enjoyed  the  overflowing 
bounties  of  their  rich  and  extensive  territorial  inheritance, 
but  these  advantages  as  a  source  of  public  revenue  now  no 
longer  exist.  The  present  financial  resources  of  the  State 
consists  of  a  capital  of  about  two  and  a  half  million  of 
dollars,  upwards  of  one  million  of  which  is  composed  of 
the  stock  owned  by  the  State  in  four  of  our  incorporated 
banks ;  about  one  million  of  the  notes  of  citizens  discount- 


INDIANS    FROM    GEORGIA.  131 

ed  by  the  Central  Bank;  and  the  balance  of  various  items, 
including  specie,  bonds,  notes,  canal  stock,  and  other  evi- 
dences of  debts  due  the  State.  In  addition  to  the  forego- 
ing, the  State  still  has  a  scattered  remnant  of  fractional 
lands  which,  by  prompt  and  appropriate  legislation,  might 
be  made  available  for  public  purposes.  The  aggregate 
annual  profits  accruing  to  the  State  at  this  time  upon  her 
various  investments  amounts  to  the  sum  of  about  one 
huyidred  and  twenty  thousand  dollars. 

This  brief  view  of  the  present  condition  of  the  re- 
sources of  the  State  will,  at  one  glance,  urge  upon  the 
consideration  of  the  Legislature  the  necessity  of  adopt- 
ing such  systematic  financial  operations  as  will  direct  the 
present  course,  and  must  determine  the  future  prospects 
of  the  State. 

After  much  reflection,  I  would  respectfully  recommend 
to  the  General  Assembly  such  legislation  as  may  tend  final- 
ly to  bring  all  the  public  assets  of  the  State  under  the  im- 
mediate control  and  management  of  its  own  agent,  the 
Central  Bank ;  and  further  to  invest  that  institution  with 
the  necessary  powers  to  enable  it  to  act  elBciently  in  the 
collection  of  the  debts  due  the  State.  The  present  vested 
capital  of  the  State  should  be  conidered  a  permanent 
fund,  the  annual  profits  of  which  should  be  scrupulously 
applied  to  great  public  objects  of  acknowledged  utility. 
And  while  the  whole  people  are  enjoying  the  benefits 
which  are  constantly  flowing  from  this,  their  permanently 
vested  capital,  I  would  recommend  that  no  more  taxes 
be  exacted  from  them  than  what  may  be  sufficient  to  de- 
fray the  ordinary  expenses  of  an  economical  civil  gov- 
ernment, which  will  be  scarcely  felt  by  the  people,  and 
at  the  same  time  serve  to  remind  each  individual,  annually, 
that  he  is  a  citizen  and  component  part  of  the  Govern- 
ment. 

Under  the  provisions  of  the  act  of  the  Legislature, 
passed  on  the  24th  day  of  December  last,  a  receiver  of  the 
assets  of  the  Bank  of  Macon  was  appointed  by  the  Execu- 
tive ;  but  the  report  of  that  agent  will  show  that  he  has 
been  wholly  unable  to  efifect  the  objects  contemplated  by 
the  Legislature.  The  report,  together  with  copies  of  the 
correspondence  on  the  subject,  is  herewith  submitted,  and 
may  aid  the  General  Assembly  in  determining  upon  the 
expediency  of  further  legislation  on  this  subject — at  least, 
it  will  become  necessary  to  provide  for  the  payment  for 
services  already  rendered,  under  the  direction  of  the  State, 


132  REMOVAL  OF  IHE  CHEROKEE 

with  a  view  to  effect  a  fair  and  legal  settlement  of  the  af- 
fairs of  said  Bank. 

The  dishonest  and  fraudulent  management  of  banks, 
so  frequently  developed,  admonishes  the  Legislature  most 
urgently  to  interpose  its  entire  constitutional  authority 
to  shield  the  people  from  the  desolating  effects  of  legal- 
ized swindling.  During  the  last  year  the  public  confidence 
was  greatly  shaken  in  the  soundness  of  the  paper  cur- 
rency of  our  State  by  the  failure  of  the  Bank  of  Macon ; 
and  before  the  people  had  recovered  from  the  shock  and 
losses  suffered  by  it,  their  fears  and  forebodings  were 
greatly  increased  and  confirmed  by  the  failure  of  the  Mer- 
chants and  Planters  Bank  of  Augusta.  The  developments 
already  made  in  regard  to  the  Bank  of  Macon  evince  the 
important  fact  that,  if  banks  are  not  managed  with  fidel- 
ity and  skill,  the  ruinous  effects  which  must  ensue  will 
fall  chiefly  upon  the  honest  and  unsuspecting  laboring 
class  of  society,  who  are  unable  to  contend  against  the 
combination  of  legal  subtilties  which  will  always  be  united 
to  divide  the  spoils  of  a  disastrous  bank  corporation. 

Corruption  on  the  part  of  a  bank  officer  should  be 
deemed  a  highly  penal  crime,  and  punished  accordingly. 
Mv  general  views  in  relation  to  these  institutions,  and 
their  connection  with  the  public  interest,  remain  un- 
changed;  and,  having  been  fully  communicated  to  the  last 
General  Assembly,  I  deem  it  unnecessary  to  reiterate  the 
sentiments  therein  contained.  Copies  of  all  the  bank  re- 
ports made  during  the  present  year,  under  the  provisions 
of  our  existing  laws,  are  herewith  submitted  to  the  Leg- 
islature, which  will  enable  the  representatives  of  the  peo- 
ple to  judge  of  the  present  state  and  condition  of  these 
institutions,  and  will  show  to  what  extent  they  have  com- 
plied with  the  requirements  of  the  law. 

The  history  of  our  own  time  urges  upon  the  considera- 
tion of  every  informed  and  reflecting  citizen  the  indispens- 
able necessity  of  increased  exertions  to  educate  the  ris- 
ing generation.  We  need  some  system  which  will  pro- 
duce a  general  effect,  and  operate  beneficially  upon  the 
whole  community.  Our  republican  institutions  can  never 
be  considered  safe  and  stable  while  a  small  number  of  in- 
dividuals, however  talented,  can  lead  and  misguide  whole 
communities  to  the  very  brink  of  ruin  !  When  the  num- 
ber of  educated  men  in  a  political  community  is  so  few 
as  to  be  chiefly  confined  to  one  or  two  professioyis,  who 
may,  therefore,  the  more  readily  unite  their  efforts  to 
control  and  direct  societv,  with  a  view  to  their  own  selfish 


INDIANS    FROM    GEORGIA.  133 

aggrandizement,  the  liberties  of  the  people  must  be  en- 
dangered. The  conservative  influence  of  education  is 
greatly  needed  in  our  State.  The  general  system  which 
may  be  best  calculated  to  impart  over  our  whole  people 
the  blessings  of  a  competent  business  education  cannot 
fail  to  promote  individual  happiness,  as  well  as  greatly 
to  strengthen  the  bonds  of  our  political  institutions. 

It  is  not  necessary  that  our  sons  should  all  be  college 
bred  gentlemen.  I  care  not  for  names.  If  our  children 
can  receive  adequate  instruction  in  the  solid  and  useful 
branches  of  science,  it  is  immaterial  with  me  whether 
they  acquire  it  in  universities,  colleges,  academies,  ly- 
ceums,  work  shops,  or  manual  labor  schools  of  any  de- 
scription whatever.  The  great  object  to  be  eflfected  is 
to  give  the  plain  working  man  an  education  which  shall 
make  him  intelligent,  virtuous  and  useful ;  and  which  shall 
place  him  upon  the  ground  of  hopeful  competition  with 
the  professional  classes,  who  are  assuming  the  lead  in 
the  entire  government  of  the  country. 

I  rejoice  at  the  gradual  growth  and  increasing  pros- 
perity of  Franklin  College.  This  State  institution  merits 
the  continued  patronage  of  our  whole  people  —  at  this 
time  I  consider  it  entitled  to  the  confidence  of  the  peo- 
ple— and  that  it  should  receive  the  liberal  support  of  their 
representatives.  The  literary  and  moral  worth  of  the 
Presiderit  and  Faculty,  together  with  the  increased  facili- 
ties of  books  and  apparatus,  afford  the  most  flattering  as- 
surances of  its  future  and  permanent  usefulness ;  and  I 
trust  that  our  State  may  yet  be  remunerated  for  all  she 
has  or  may  expend  in  support  of  that  institution.  But  in 
relation  to  our  other  expenditures  for  purposes  of  public 
education,  I  do  not  feel  authorized  to  speak  thus  flatter- 
ingly ;  for  the  annual  expenditure  of  upwards  of  forty 
thousand  dollars  for  the  support  of  academies  and  poor 
schools,  though  well  intended,  is,  in  reality,  efifecting  but 
little  good.  It  is  obvious  to  me  that  we  have  experimented 
long  enough  upon  our  present  system  of  academic  and 
poor  school  education ;  and  that  we  should  no  longer  be 
content  with  acknowledging  existing  imperfections,  but 
that  we  should  at  once  attempt  an  entire  renovation  of 
the  system.  In  making  this  change,  this  important  fact 
should  be  constantly  kept  in  view :  that  to  make  educa- 
tion truly  valuable,  while  the  mind  is  cultivated  and  dis- 
ciplined, the  pupil  should  be  carefully  trained  to  habits 
of  industry  and  morality. 


134  REMOVAL  OF  THE  CHEROKEE 

To  make  the  rising  generation  better,  wiser  and  hap- 
pier, and  at  the  same  time  eradicate  or  diminish  poverty, 
oppression  and  crime,  should  be  the  leading  objects  in 
establishing  a  general  and  well  based  system  of  public 
education.  With  a  view  to  promote  these  great  objects. 
I  respectfully  submit  to  the  Legislature  my  deliberately 
formed  opinion  that,  in  order  to  insure  success,  it  is  indis- 
pensably necessary  to  connect  with  the  education  of  our 
children  regular  and  systematic  manual  labor.  I  believe 
that  children  in  a  well  regulated  institution,  designed  for 
useful  education,  should  be  taught  various  arts  of  lucra- 
tive labor ;  so  that  in  due  time  they  may  be  able  to  earn 
a  comfortable  living  by  the  labor  of  their  own  hands. 
From  my  observation  on  the  subject  of  education,  and 
from  all  the  information  I  have  been  able  to  procure  from 
others,  I  consider  that  system  of  education  best  which 
keeps  youth  most  constantly  employed,  body  and  mind, 
and  ■  which  exercises  the  most  unceasing  vigilance  and 
control,  day  and  night,  excludes  all  vitiating  associations 
and  practices,  and  which  superintends  even  the  amuse- 
ments and  social  intercourse  of  the  pupil.  Another  idea, 
not  less  important,  urges  upon  our  consideration  the  ex- 
pediency of  connecting  manual  labor  with  a  system  of 
public  education.  The  most  vigorous  constitution,  with- 
out exercise,  is  soon  wasted  by  disease  and  decay ;  and  a 
full  development  of  the  powers  of  the  mind,  in  such  cases, 
is  rarely  attained  by  the  most  diligent  application.  If 
' '  bodily  exercise' '  be  thus  * '  profitabW '  in  the  development 
of  the  physical  and  mental  powers  of  youth,  I  consider 
employment  in  the  mechanical  arts,  and  especially  agricul- 
ture, as  being  far  preferable  to  those  plays  and  pastimes 
which  at  present  occupy  so  much  of  their  time,  and  in 
which  they  engage  without  any  sensible  or  rational  ob- 
ject of  utility  whatever.  A  self-supporting  system  of 
education  is  also  desirable  from  the  important  considera- 
tion that  it  is  calculated  to  level  those  distinctions  in  so- 
ciety which  arise  from  the  inability  of  the  poor  to  edu- 
cate their  children  in  our  existing  institutions.  In  recom- 
mending a  change  of  our  system  of  poor  school  educa- 
tion I  would,  by  no  means,  be  understood  as  recommend- 
ing a  reduction  of  the  funds  appropriated  to  that  object, 
but  as  proposing  such  an  improvement  of  the  system  as 
will  more  profitably  employ  that  fund  for  the  benefit  of 
the  poor,  and  as  will  have  a  tendency  to  bring  them  nearer 
to  the  level  of  the  wealthy. 


INDIANS    FROM    GEORGIA.  135 

Every  year's  experience  affords  additional  evidence 
of  the  correctness  of  the  views  heretofore  communicated 
to  the  Legislature,  by  myself  and  predecessors,  in  regard 
to  the  defective  condition  of  our  militia  system.  The 
Executive  has  not  the  power  to  correct  these  imperfec- 
tions which  have  so  often  been  pointed  out,  without  the 
co-operation  of  the  Legislature. 

The  reports  of  the  keepers  of  the  public  arsenals  at 
this  place  and  Savannah  are  herewith  transmitted.  From 
an  experiment  made  upon  a  few  hundred  of  muskets 
which  have  been  returned  to  the  arsenal  in  this  place,  out 
of  repair  and  greatly  injured  by  rust,  I  find  that  the  guns 
belonging  to  the  State,  in  like  condition,  may  be  put  in 
good  order,  at  an  expense  of  one  dollar  each.  Would  it 
not,  therefore,  be  economy  for  the  Legislature  to  provide 
for  collecting  and  cleaning  the  scattered  arms  of  the 
State? 

Under  the  authority  of  a  joint  resolution  of  the  Gen- 
eral Assembly,  approved  on  the  22d  of  December  last, 
William  Schley,  John  A.  Cuthbert  and  Joseph  Henry 
Lumpkin,  Esquires,  were  appointed  by  the  Executive  "to 
prepare  a  plan  for  the  Penitentiary  buildings,  digest  a 
system  of  laws  for  its  government  and  organization,  and 
to  revise  and  amend  the  penal  laws  of  this  State,  so  far 
as  relates  to  the  punishments  which  that  code  prescribes, 
and  report  the  whole  to  the  next  General  Assembly." 

I  am  apprised  that  the  report  of  these  gentlemen  is  in  a 
state  of  preparation,  and  will,  in  due  time,  be  laid  before 
the  Legislature. 

Not  having  been  directed  to  be  submitted  to  the  Exec- 
utive, but  passing  directly  to  the  Legislature,  I  deem  it 
inexpedient  to  venture  a  remark  on  the  several  impor- 
tant subjects  embraced  in  the  report.  The  character  of 
these  gentlemen  as  jurists  justifies  the  expectation  that 
the  views  to  be  submitted  by  them  will  be  useful  to  the 
Legislature,  and  to  the  country,  and  as  the  preparation 
of  their  report  has  required  much  time  and  labor,  it  is 
therefore  to  be  expected  that  they  will  be  suitably  com- 
pensated. 

The  annual  report  of  the  Inspectors  of  the  Penitentiary, 
required  to  be  made  to  the  Executive,  in  conformity  with 
the  provisions  of  the  act  of  the  last  General  Assembly,  is 
herewith  submitted.  Since  the  report  has  been  received 
at  this  department,  there  has  not  been  sufficient  time, 
from  other  indispensable  duties,  to  investigate  its  details 
with  that  scrutiny  which  has  heretofore  been  customary 


136  REMOVAL  OF  IHE  CHEROKEE 

and  which  is  always  desirable.  It  is  believed,  however, 
that  the  operations  of  the  past  year  have,  under  all  the 
circumstances,  been  successfully  conducted  for  the  inter- 
est of  the  institution  and  of  the  State.  In  our  efforts  *to 
sustain  the  institution  we  should  profit  by  past  experi- 
ence, and  introduce  improvements  as  fast  as  circum- 
stances and  a  due  regard  to  economy  will  admit.  With 
one  additional  remark  I  will  dismiss  the  subject  of  the  Peni- 
tentiary, and  that  is :  that  our  leading  policy  should  be  to 
make  the  institution  maintain  itself.  The  honest  part  of 
society  feel  a  repugnance  at  the  idea  of  laboring  to  sup- 
port the  convicts  of  the  penitentiary.  Therefore,  their 
comforts  should  be  procured  from  their  own  labors  which, 
under  skilful  management  and  good  discipline,  is  the  best 
means  at  our  disposal  for  eflfecting  the  great  objects  of 
penal  punishment  by  preventing  crime  and  producing 
reformation. 

The  reports  of  the  superintendents  of  the  public  hands 
will  present  to  the  Legislature  the  operations,  progress 
and  success  of  that  branch  of  the  public  service  during 
the  past  year,  and  which,  under  all  the  circumstances,  au- 
thorize tile  belief  that  the  agents  entrusted  with  the  im- 
provement of  our  public  roads  are  entitled  to  the  public 
confidence  and  approbation. 

My  general  views,  heretofore  submitted  to  the  Legis- 
lature on  this  subject,  have  undergone  no  change,  but  it 
devolves  on  the  representatives  of  the  people,  and  not  on 
the  Executive,  to  determine  whether  the  present  system 
shall  be  abandoned  or  be  sustained  by  such  legislation  as 
has  heretofore  been  suggested. 

No  one  can  feel  more  gratified  than  myself  at  the  mani- 
festation of  the  rising  spirit  of  enterprise  which  has  char- 
acterized the  proceedings  of  our  fellow  citizens,  in  vari- 
ous parts  of  the  State,  in  regard  to  the  works  of  internal 
improvements.  This  spirit  should  not  be  checked,  but 
encouraged  by  the  Legislature.  Every  citizen  and  section 
of  the  State  should  have  the  lawful  privilege  of  investing 
their  capital  according  to  their  own  views  of  profit — 
guarding,  at  the  same  time,  the  interest  of  the  residue  of 
the  community-  from  injury  being  sustained  by  any  ex- 
clusive privileges  which  may  be  granted.  Our  past  ex- 
perience, however,  should  admonish  us  to  be  cautious 
how  we  entangle  the  State,  by  becoming  partners  with 
individuals,  or  corporate  bodies  of  men.  Such  associa- 
tions between  government  and  its  citizens  are  considered 
dangerous  to  equality  and  liberty.     The  favored  capitalist 


INDIANS    FROM    GEORGIA.  I37 

who  becomes  a  partner  with  the  government  rarely  fails 
to  assume  some  unusual  consequence  on  account  of  the 
association  ;  and  generally  the  result  is  that  the  govern- 
ment is  left  to  bear  the  burthens  of  the  concern,  while 
the  individual  partners  reap  the  whole  profits,  or  aban- 
don the  project  before  anything  is  advanced  except  by 
the  Government. 

If  the  State  should  at  this  time  determine  to  enter 
upon  any  great  work  of  internal  improvement  it  should 
be  a  central  railroad  through  the  entire  State,  beginning 
at  the  best  emporium  on  our  coast  and  proceeding  from 
thence  in  a  direction  best  calculated  to  benefit  the  largest 
portion  of  our  population,  to  the  base  of  the  mountains. 
A  well  constructed  railroad,  through  the  centre  of  the 
State,  being  once  completed,  it  would  be  speedily  inter- 
sected by  various  roads  from  all  parts  of  the  State  at  the 
points  most  needed.  The  great  highway  of  commercial 
intercourse  being  thus  permanently  established,  nothing 
could  then  hinder  the  progress  of  internal  improvement 
in  Georgia,  to  the  full  extent  which  utility  might  dictate. 
To  effect  anything  permanently  useful  it  is  necessary  to 
concentrate  the  public  mind  to  one  great  central  object, 
which  shall  be  considered  and  patronized  as  a  State  work, 
designed  for  the  benefit  of  the  whole  people.  The  credit 
and  resources  of  our  State  should  not  be  expended  upon 
local  or  partial  works  of  internal  improvement.  Our  com- 
mencement must  necessarily  be  accurate  surveys,  upon 
which  true  estimates  may  be  predicated,  and  this  can  only 
be  obtained  by  the  services  of  a  skillful  and  well  qualified 
engineer.  In  connection  with  this  subject,  the  views  of 
a  highly  respectable  and  numerous  portion  of  our  fellow 
citizens  of  Savannah  and  Macon,  herewith  submitted,  are 
entitled  to  the  most  deliberate  and  respectful  considera- 
tion;  as  also  the  report  of  the  Commissioners,  John  G. 
Polhill,  Hugh  Lawson,  and  Moses  Fort,  Esquires,  who, 
under  a  resolution  of  the  last  Legislature,  were  appointed 
and  instructed  to  examine  the  port  of  Brunswick  and  the 
railroad  avenue  to  Altamaha ;  which  report,  and  various 
other  documents,  are  herewith  laid  before  the  General 
Assembly. 

Savannah,  the  first  settled  point  and  long  established 
emporium  of  our  State,  has,  for  years  past,  contended 
against  a  rivalry  which  has  not  only  paralyzed  her  ad- 
vancement, but  must  eventually  annihilate  her  prosperitv 
as  an  important  commercial  ci'tv,  unless  she  is  sustained 
by  liberal  legislation. 


138  REMOVAL  OF  THE  CHEROKEE 

Many  considerations  connected  with  our  history  as  a 
State  forbid  the  abandonment  of  our  first  and  most  im- 
portant seaport  town,  unless  the  interest  of  the  great  body 
of  the  people  of  the  State  shall  require  such  a  course.  The 
great  question  which  should  now  be  settled  is,  whether 
the  interest  of  the  people  of  Georgia  will  be  most  effectual- 
ly promoted  by  a  determination  to  sustain  and  build  up 
Savannah,  or  whether  we  should  look  to  Brunswick, 
Darien,  or  some  other  port,  as  possessing  equal  or  supe- 
rior advantages.  The  reason  why  this  question  should 
now  be  settled  is  obvious.  If  we  commence  a  great  cen- 
tral channel  of  commerce,  we  should  commence  at  the 
ocean  and  proceed  to  the  mountains.  The  State  should 
have  but  one  work  of  this  description  on  hand  at  a  time ; 
and  that  should  be  directed  with  the  single  view  of  bene- 
fiting the  greatest  number  of  our  citizens.  Various  con- 
siderations admonish  every  true  Georgian  to  lay  aside 
his  local  and  sectional  prejudices,  and  to  exercise  a  mag- 
nanimous spirit  of  patriotic  State  pride,  which  will  secure 
to  himself  and  fellow  citizens  those  commercial  advant- 
ages, which  the  God  of  Nature  designed  for  the  people 
who  should  inhabit  this  favored  portion  of  the  confeder- 
acy. It  would  be  mortifying,  indeed,  to  see  the  immense 
products  of  our  own  State  withdrawn  from  their  natural 
channels  of  destination  (our  own  extensive  Atlantic  coast 
to  Charleston  and  the  Gulf  of  Mexico)  merely  for  the  want 
of  industry  and  enterprise  on  the  part  of  our  own  citizens ! 
Not  only  the  products  of  our  own  State  should  be  shipped 
from  our  own  ports,  but,  by  timely  and  judicious  meas- 
ures of  internal  improvement,  a  very  considerable  portion 
of  the  western  trade  might  be  drawn  to  the  ports  of  Geor- 
gia, which  is  believed  to  be  the  best  and  most  natural 
channel  for  much  of  that  trade.  The  immense  and  super- 
abounding  products  of  the  great  and  fertile  West  are  more 
than  suflicient  to  glut  its  only  natural  outlet.  New  Orleans. 
Therefore,  the  surplus  products  of  that  fertile  region  must 
necessarily  seek  a  market  elsewhere.  Hence  we  have 
witnessed  the  successful  efforts  of  New  York,  Pennsyl- 
vania, Maryland  and  lately  Virginia  and  South  Carolina, 
to  obtain  a  portion  of  the  Western  trade  by  their  canals, 
rail  and  turnpike  roads. 

Should  not  Georgia  strive  for  a  part  of  this  immensely 
valuable  trade?  The  eastern  counties  of  Tennessee  are 
nearer  to  the  coast  of  Georgia  than  any  other  Atlantic 
market,  and  it  is  confidently  believed  that  if  we  had  a  suit- 
able channel  of  commerce,  or,  in  other  words,  a  good  rail- 


INDIANS    FROM    GEORGIA.  13^ 

road,  from  a  seaport  in  Georgia  to  the  mountains,  it 
would  be  extended  without  delay  to  the  heart  of  the  great 
West.  The  great  mountain  barrier  which  separates  the 
Western  from  the  Atlantic  waters  can,  it  is  believed,  be 
more  easily  overcome,  and  at  far  less  expense,  in  Georgia 
than  in  any  other  of  the  Atlantic  States. 

Under  the  authority  of  a  joint  resolution  of  the  Gen- 
eral Assembly,  passed  at  the  last  session,  William  Nichols, 
Jr.,  Esq.,  a  gentleman  of  high  qualifications,  was  duly  ap- 
pointed by  the  Executive,  and  has  made  the  necessary 
surveys,  to  ascertain  the  practicability  of  a  commercial 
communication  between  West  Point,  in  Troup  County, 
and  the  town  of  Columbus,  which  report  is  in  a  state  of 
preparation,  and  will  be  laid  before  the  Legislature  at  an 
early  day  of  the  present  session.  The  information  col- 
lected by  this  examination  and  survey  will  enable  the  Leg- 
islature to  determine  what  can  and  ought  to  be  done  to 
improve  the  commercial  facilities  of  that  interesting  sec- 
tion of  the  State. 

In  pursuance  of  the  provisions  of  a  resolution,  ap- 
proved the  24th  December  last,  the  improvements  on  the 
fractional  surveys  of  the  land  in  the  Cherokee  Territory 
have  been  rented  for  the  present  year,  and  the  notes  re- 
ceived for  the  rent  have  been  deposited  in  this  depart- 
ment, subject  to  the  direction  of  the  Legislature.  The 
reports  of  the  Commissioners  who  performed  this  duty 
are  herewith  submitted,  and  will  afford  full  and  detailed 
information  on  the  subject.  Various  resolutions,  passed 
by  the  Legislatures  of  a  number  of  States  of  the  Union, 
on  subjects  of  general  concern,  have  been  transmitted  to 
this  department,  with  a  request  that  they  should  be  laid 
before  the  General  Assembly  of  this  State,  and  are  there- 
fore respectfully  submitted  for  your  consideration.  Many 
of  these  documents  are  so  voluminous  that  it  has  been 
found  impracticable  to  furnish  copies  for  the  convenience 
of  the  respective  branches  of  the  Legislature ;  the  originals 
of  such  are,  therefore,  transmitted  to  the  House  of  Repre- 
sentatives. No  recommendation  or  comment  on  the  part 
of  the  Executive  is  deemed  necessary  in  regard  to  the 
resolutions  submitted,  except  those  passed  by  the  Legis- 
lature of  Alabama,  on  the  subject  of  the  boundary  line  be- 
tween that  State  and  our  own ;  and  those  from  the  State 
of  Pennsylvania,  on  the  subject  of  the  "entire  abolition  of 
lotteries." 

The  importance  of  an  amicable,  speedy  and  definite 
adjustment   of   the   boundary   line    between    Georgia    and 


I40  REMOVAL  OF  THE)  CHEROKEE 

Alabama  is  too  obvious  to  require  argument ;  and  the  plan 
proposed  by  the  Legislature  of  Alabama  is  entitled  to  the 
respectful  consideration  of  the  representatives  of  the  peo- 
ple of  Georgia.  The  resolutions,  together  with  the  cor- 
respondence which  has  passed  between  the  Executive  of 
the  two  States,  will  urge  the  expediency  of  an  early  at- 
tention to  this  subject.  And  I  would  recommend  to  the 
Legislature  a  course  which  may  afiford  full  evidence  that 
Georgia  is  prepared  for  the  most  ample  investigation  of 
her  claims,  and  that  she  seeks  nothing  but  that  justice 
from  others  which  will  alone  be  satisfactory  to  herself. 

I  concur  with  the  public  authorities  of  the  patriotic 
State  of  Pennsylvania  in  respectfully  recommending  your 
cordial  co-operation  with  the  Legislature  of  that  State, 
in  effecting  the  abolition  of  lotteries. 

The  survey  and  settlement  of  the  entire  territory  of 
the  State  having  been  accomplished,  I  would  respectfully 
recommend  to  the  Legislature  that  immediate  provision 
be  made  for  executing  a  splendid  map  of  Georgia.  In 
order  to  construct  an  accurate  map  of  the  State  it  will 
be  necessary  to  cause  a  re-survey  of  the  county  lines  of 
that  part  of  the  State  situate  between  the  Savannah  and 
Oconee  rivers. 

The  numerous  acts  and  resolutions  of  the  last  Legis- 
lature requiring  the  action  of  the  Executive  have  received 
prompt  and  due  attention,  by  carrying  into  efifect  the  ob- 
jects contemplated  by  the  Legislature,  or  by  placing  them 
in  a  course  of  execution,  which,  in  due  time,  (as  far  as  may 
be  practicable)  will  insure  their  completion. 

A   statement   of  Executive    warrants    drawn     on    the 
Treasurer  during  the  political  year   1833,  ^"^    a    Hst    of 
Executive   appointments   made   during  the   recess    of   the 
Legislature,  are  herewith  submitted. 
Fellow  Citizens : 

Under  a  deep  sense  of  the  magnitude  of  our  responsi- 
bilities, sufifer  me  to  remind  you  that,  as  American  citi- 
zens, a  beneficent  Providence  has  placed  us  upon  a  lofty 
eminence.  The  eyes  of  all  the  world  are  directed  to  the 
people  of  these  United  States.  To  us,  as  a  people,  has 
been  entrusted,  upon  a  large  scale,  the  experiment  whether 
the  people  can  govern  themselves  without  kings,  nobility 
or  standing  armies.  To  usbelongsthe  distinction  of  demon- 
strating that  millions  upon  millions  of  free  and  equal  citi- 
zens may  dwell  together  in  peace  and  prosperity,  exercis- 
ing all  the  prerogatives  of  wise  self-government,  without 
tumult,   anarchv   or   domestic   wars.      And  to   insure   and 


INDIANS    FROM    GEORGIA.  141 

perpetuate  these  inestimable  privileges  to  our  posterity 
we  should  always  bear  in  mind  that  our  people  must  be 
virtuous  and  intelligent.  Ignorance  and  vice  are  opposed 
to  liberty.  Religion,  "without  religious  establishments,  af- 
fords the  best  guarantee  of  the  perpetuation  of  our  re- 
publican system.  The  principles  inculcated  by  the  Savior 
of  man,  in  His  sermon  on  the  mount,  will  make  a  people 
obedient  to  laws  emanating  from  themselves  and  admin- 
istered by  a  citizen  magistrate  of  their  own  choosing, 
without  the  aid  of  mercenary  legions,  and  the  pomp  and 
fiown  which  are  the  attendants  of  despotic  and  arbitrary 
governments. 

That  the  creating  power  of  the  universe  may  clothe 
us  with  a  spirit  of  republican  simplicity,  equality  and  lib- 
erty, and  guide  the  onward  march  in  that  course  of  pol- 
icy which  shall  insure  to  posterity  the  unfading  inheri- 
tance of  equal  rights  and  free  governments,  is  the  fervent 
prayer  of 

Your  fellow  citizen, 

WILSON  LUMPKIN. 


SECOND  INAUGURAL  ADDRESS. 
November  6th,  1833. 
Fellow  Citizens : 

By  the  voice  of  the  people  I  am  a  second  time  called 
to  the  Chief  Magistracy  of  the  State,  and  now  apjiear  be- 
fore you  for  the  purpose  of  solemnizing  the  obligations 
which  I  am  under  to  discharge,  with  fidelity,  tiie  duties 
of  the  high  trust  confided.  Experience  has  not  only  taught 
me  to  feel  the  full  weight  of  the  responsibilities  whicli  were 
in  the  first  instance  anticipated;  but  I  am  convinced  that 
the  most  pure  and  zealous  devotion  requires  the  aid  n.ad 
support  of  the  people  to  crown  with  success  the  efforts 
of  any  public  functionary. 

My  own  abilities  can  eflfect  but  little  good  unless  I 
am  supported  by  my  constituents ;  but,  however  humble 
my  pretentions  may  be,  I  shall  be  faithful  to  the  laws  and 
constitutions  of  my  country,  duly  regarding  the  opinions 
of  my  fellow  citizens,  with  whose  seal  of  approbation  I 
have  been  so  often  and  highly  honored.  But  with  all  my 
veneration  for  public  opinion,  and  deep-felt  gratitude  for 
past  confidence,  I  am  ready,  if  it  be  necessary,  to  sacrifice 


142  REMOVAL  OF  THE  CHEROKEE 

my  present  standing  upon  the  altar  of  my  country's  good, 
by  sustaining  the  Democratic  principles  upon  which  I 
have  acted  throughout  the  whole  of  my  public  life.  When 
the  foundations  of  our  Republic  are  in  danger,  personal 
and  selfish  calculations  must  be  excluded.  I  shall  move 
forward  in  the  path  of  duty,  regardless  of  consequences  to 
myself.  I  shall  shrink  from  the  performance  of  no  duty, 
however  painful,  and  no  responsibility,  however  severe. 

I  shall  look  to  the  welfare  of  the  whole  State,  and  not 
consider  myself  the  advocate  of  any  local  or  private  in- 
terest. I  shall  constantly  bear  in  mind  that  we  are  all  citi- 
zens of  Georgia,  as  well  as  citizens  of  the  United  States 
— that  we  owe  our  allegiance  to  both  governments — that 
both  governments  are  ours,  and  are  equally  indispensable 
to  our  happiness,  prosperity  and  liberty.  That  each  should 
be  kept  strictly  within  their  respective  constitutional 
spheres,  and,  finally,  that  he  who  would  destroy  the  sover- 
eignty of  the  States  by  co7tsoHdation,  or  the  Federal 
Union  by  nullificatiofi ,  is  a  traitor  to  liberty,  and  deserves 
the  universal  execration  of  mankind. 

The  foregoing  having,  at  the  time  of  its  delivery, 
created  some  excitement,  and  gave  rise  to  some  animad- 
version in  the  Legislature,  on  the  part  of  my  opponents, 
and  counter  feelings  and  replies  on  the  part  of  my  friends, 
and  attempts  having  often  been  made  since  to  use  the 
closing  sentence  in  that  address  to  my  disparagement,  I 
deem  it  proper  here  to  state  that,  after  a  lapse  of  nearly 
twenty  years,  and  after  all  excitement  has  passed  away, 
I  am  not  disposed  to  modify  or  change  a  single  sentiment 
contained  in  that  address.  The  offensive  sentence  reads : 
"That  he  who  would  destroy  the  sovereignty  of  the  States 
by  consolidaton,  or  the  Federal  Union  by  millificaiioji, 
is  a  traitor  to  liberty,  and  deserves  the  universal  execra- 
tion of  mankind."  The  obvious  import  of  the  sentence 
is,  and,  as  I  think,  expressed  without  ambiguity :  That 
the  enemies  to  our  Federal  Union — those  who  desired  its 
subversion,  whether  cotisolidationists  or  mdlifiers  —  de- 
served universal  execration.  Thus  intending,  in  strong 
language,  to  express  my  abhorrence  of  both  consolidation 
and  nullification,  as  well  as  my  devotion  to  the  Union. 
I  was  accused  of  denouncing  my  opponents,  the  nul/ifiers, 
as  traitors,  and  as  degrading  my  position  in  so  doing. 
But  my  intention  was  to  denounce  doctrines  which  I  deem- 
ed fatal  to  the  harmony  of  the  Union  —  coyisolidation  no 
less  than  nullificatio7i;  and  to  denounce  those,  and  only 
those,   who  advocated  those  doctrines,   with   a    design    to 


INDIANS    FROM    GEORGIA. 


143 


destroy  the  Union.  I  have  always  believed  that  very 
many  of  the  advocates  of  these  extreme  doctrines  were 
amongst  the  most  patriotic  and  devoted  friends  of  our 
Federal  Union. 

From  the  days  of  Alexander  Hamilton  to  the  present 
hour  the  leading  men  of  the  Federal  party  have,  by  a  lib- 
eral construction  of  the  constitution,  and  various  other 
devices,  exerted  all  their  powers  to  enlarge  and  strength- 
en the  powers  of  the  Federal  Government — to  enlarge  its 
sphere  of  action  to  an  extent  that  would  leave  but  little 
for  the  States  to  do. 

None  but  those  who  are  familiar  with  the  political 
scenes  then  transpiring  from  day  to  day  can  fully  realize 
the  true  position  which  I  occupied  at  this  time.  I  was  a 
most  unwavering,  decided  States'  Rights  man,  opposed  to 
Federal  usurpation  and  encroachments  of  every  kind ;  and, 
as  Governor  of  one  of  the  sovereign  States,  I  was  every 
day  in  the  full  tide  of  successful  experiment  in  putting 
down  Federal  usurpation  within  the  limits  of  Georgia. 
But  in  the  exercise  of  this  State  sovereignty  over  the  In- 
dians within  our  acknowledged  limits,  none  could  point  a 
finger  to  the  violation  of  any  clause  in  the  Federal  Con- 
stitution. I  was  only  dispensing  with  a  long  assumed 
power  of  the  Federal  government  in  the  management  of 
Indian  affairs,  and  Indian  rights,  in  one  of  the  sovereign 
States  of  the  Union. 

But,  becaue  I  could  not  assent  to  the  mystical  doc- 
trines of  nullification  as  the  rightful  remedy  to  correct  the 
evils  of  the  protective  tariiT,  I  was  accused  of  all  sorts  of 
inconsistency,  and  as  contradicting  my  own  words  and  acts 
at  every  step.  Indeed,  I  found  it  exceedingly  difScult  to 
keep  many  of  my  friends  and  supporters  from  being  mis- 
led by  the  efforts  of  my  opponents.  I  could,  however, 
whenever  a  fair  opportunity  offered,  satisfy  any  sensible 
man  that  our  obsolete  legislation  for  and  over  the  Indians 
within  our  own  State  limits  was  one  of  our  reserved  rights 
which  could  not  be  conceded  to  the  Federal  Government ; 
and  that  the  Federal  Government  dare  not  nullify  our 
State  laws  upon  this  subject — all  of  which  has  been  sus 
tained  by  subsequent  history.  But  I  will  return  to  the 
anticipated  order  herein  before  suggested,  and  give  mv 
annual  message  of  1834. 


144  REMOVAL  OF  THE  CHEROKEE 

ANNUAL  MESSAGE,  1834. 

Executive  Department,  Georgia, 

Milledgeville,  Nov.  4th,  1834. 

Fellow  Citizens  of  the  Senate  and  House  of  Representa- 
tives : 

You  are  now  assembled  as  the  immediate  represen- 
tatives of  a  free  and  enlightened  people,  an  intimate  and 
minute  knowledge  of  whose  circumstances  and  wishes 
will  be  your  best  guide  in  all  your  official  deliberations. 
Nevertheless,  the  Constitution  makes  it  my  duty  to  give 
you  information  of  the  state  of  the  Republic,  and  to  recom- 
mend to  your  consideration  such  measures  as  I  may  deem 
necessary  and  expedient. 

We  are  menaced  by  no  foreign  wars,  or  general  calam- 
ity ;  the  blessings  of  bounteous  Heaven  are  still  heaped 
upon  us  in  rich  profusion ;  and  yet  we  are  admonished  to 
weigh  well  and  scrutinize  passing  events,  for  the  voice  of 
political  strife  and  discontent  is  still  heard  in  our  land. 
Whether  the  extraordinary  political  excitements  of  the 
present  day  originate  from  the  corruption  of  men  in  of- 
fice, or  from  factions  and  ambitious  demagogues  who  are 
rising  up  in  every  part  of  the  country,  must  be  decided 
by  the  unofficial  sovereign  people  themselves.  Guarded 
and  balanced  as  is  our  form  of  government,  I  indulge  no 
gloomy  apprehensions  for  the  result  of  any  party  contest, 
based  upon  political  principle ;  because  I  feel  assured  that 
the  people  will  finally  decide  in  favor  of  those  principles 
which  will  best  secure  their  rights  and  liberties.  Selfish 
and  factious  combinations,  however,  advised  and  directed 
by  ambitious  leaders — having  unity  of  action,  but 
none  of  principle — may  furnish  the  elements  for  political 
whirlwinds,  tending  to  the  destruction  of  every  vestige 
of  regulated  liberty.  The  progress  of  our  republican  in- 
stitutions has,  thus  far,  continued  to  exalt  the  American 
character  throughout  the  civilized  world.  Here,  the  char- 
acter of  man  has  been  elevated  by  a  general  diffusion  of 
that  spirit  of  equality  and  liberty,  based  upon  the  true 
principles  of  philosophy,  which  discard  the  idea  of  all  su- 
periority or  distinction,  save  that  which  arises  from  in- 
trinsic merit  and  real  worth  of  character. 

The  love  of  liberty  predominates  in  the  breast  of  every 
American  citizen.  Let  this  love  of  liberty  be  regulated  by 
a  strict  adherence  to  our  fundamental  laws,  or  constitu- 
tions, emanating  from   the  people    themselves,    and    the 


INDIANS    FROM    GEORGIA.  145 

bright  examples  of  our  glorious  institutions  will,  ere  long, 
pervade  the  habitable  globe.  Whatever  defects  may  be 
found  in  the  Constitution  of  our  country,  it  must  be  ad- 
mitted that  our  system,  as  a  whole,  guarantees  the  equal 
rights  of  the  people,  and  secures  to  them  the  power  of 
correcting,  in  a  peaceable  and  constitutional  mode,  all 
mal-administration  of  their  Government,  and  of  faithfully 
enforcing  the  true  spirit  of  their  economical  system. 

"The  law  is  good,  if  a  man  use  it  lawfully ;"  but  good 
constitutions  and  good  laws  will  be  of  but  little  value  un- 
less they  are  faithfully  administered.  Under  our  system 
of  government,  the  administration,  whether  for  good  or 
evil,  depends  upon  the  people  themselves ;  for  the  gov- 
ernment itself  rests  upon  the  shoulders  of  every  free  citi- 
zen. 

The  people,  governing  themselves  through  their  con- 
stituted authorities,  must,  therefore,  correct  abuses,  check 
usurpations,  and  aid  and  support  those  whom  they  have 
called  to  make  and  administer  their  own  laws,  in  a  faith- 
ful discharge  of  their  official  duties. 

In  the  administration  of  the  laws  of  this  State  during 
the  past  year,  no  extraordinary  embarrassment  has  oc- 
curred to  the  public  authorities,  or  to  the  citizens,  except 
that  which  has  arisen  out  of  the  peculiar  relation  in  which 
our  remaining  Indian  population  stand  to  the  whites. 

When  the  necessity  became  obvious  to  our  whole  peo- 
ple of  extending  not  only  the  jurisdiction  of  our  State 
over  our  entire  territory,  but  of  surveying  the  whole,  and 
granting  most  of  our  unlocated  lands,  with  a  view  to  its 
complete  organization  into  counties,  for  the  regular  and 
efficient  administration  of  the  laws  of  the  State,  justice 
and  expediency  both  demanded  that  liberal  provision  and 
ample  reservations  should  be  made  in  favor  of  the  natives 
who  still  remained  within  the  limits  of  our  State.  By  a 
careful  examination  of  the  past  legislation  of  the  State 
upon  this  subject,  it  will  be  seen  that  the  welfare  of  the 
Indians  has  never  been  lost  sight  of  by  the  people  of  Geor- 
gia, or  their  public  functionaries,  where  that  welfare  has 
not  been  brought  in  direct  conflict  with  the  exercise  of 
the  indispensable  political  rights  of  the  State. 

The  act  of  the  General  Assembly,  passed  the  twenty- 
second  day  of  December  last,  "More  effectually  to  pro- 
vide for  the  government  and  protection  of  the  Cherokee 
Indians,"  and  for  other  purposes  therein  named,  has  met 
with  considerable  obstruction  in  carrying  into  effect  the 
views  and  intentions  of  the  Legislature,  such  opposition 


146  REMOVAL  OF  THE  CHERc^KEE 

and  obstruction  as  cannot  be  overlooked  by  the  present 
Legislature,  without  prostrating  the  rights  of  our  citizens 
and  the  sovereignty  of  our  State  at  the  feet  of  a  combina- 
tion of  interested  individuals  and  half-civilized  men,  sup- 
ported and  sustained,  as  they  are,  by  the  Judge  of  the  Su- 
perior Courts  of  the  circuit  in  which  these  Indians  chiefly 
reside,  and  countenanced,  at  least,  by  a  majority  of  the 
Judges  of  the  Superior  Courts  of  this  State.  The  efforts 
of  the  Executive  to  have  said  act  faithfully  executed,  and 
the  instructions  given  to  the  agent  appointed  under  its 
provisions,  may  be  seen  by  reference  to  the  documents  ac- 
companying this  message.  These  documents  will  also 
explain,  in  some  degree,  the  nature  of  the  obstructions 
alluded  to.  The  injunctions  sanctioned  and  sustained  by 
the  Judge  of  the  Cherokee  Circuit  are  believed  to  contain 
assumptions  of  power  on  the  part  of  the  Court  never  con- 
fided to  any  judicial  tribunal  in  these  United  States,  either 
by  the  Constitution  of  the  United  States,  or  of  any  one  of 
the  States  of  the  Union.  The  Supreme  Court,  in  the  cases 
of  Tassels  and  the  Missionaries,  by  no  means  equalled 
the  jurisdiction  assumed  in  these  injunctions.  This  power, 
too,  has  been  assumed  by  a  Judge,  chosen  by  the  repre- 
sentatives of  the  people  for  the  sole  purpose  of  adminis- 
tering the  laws  of  the  State  in  that  particular  circuit,  yet 
has  he  sanctioned  and  sustained  bills  of  injunction  which 
go  to  deny  the  authority  not  of  the  law  only,  but  the  en- 
tire legislation  of  the  State  in  that  circuit.  He  has  sanc- 
tioned and  sustained  bills  which  directly  bring  in  ques- 
tion the  vahdity  of  every  law,  and  the  legitimate  func- 
tions of  every  department  of  our  government — not  even 
excluding  the  questions  of  his  own  judicial  powers  over 
the  Cherokee  Circuit.  The  Executive  has  found  its  au- 
thority, as  well  as  that  of  the  Legislature,  not  in  a  single 
instance  only,  but  throughout  their  entire  constitutional 
range,  insultingly  disputed  and  denied  in  these  bills  hav- 
ing the  official  sanction  of  the  Judge  of  the  Cherokee  Cir- 
cuit. The  questions,  therefore,  at  issue,  judging  from  the 
face  of  these  bills,  involve  nothing  less  in  magnitude  than 
the  opposing  political  rights  of  two  people  equally  claim- 
ing and  contending  for  the  exercise  of  sovereign  powers 
over  a  certain  territory,  or  district  of  country.  These 
sanctioned  bills  of  injunction  allege  that  the  statute  of 
Georgia  referred  to  is  null  and  void,  because  contrary  to 
the  Constitution  of  the  LTnited  States,  as  well  as  the  Con- 
stitution of  Georgia.  Indeed,  the  whole  question  embraced 
in  these  bills  depends  upon  the  right  of  the  State  of  Geor- 


INDIANS    FROM    GEORGIA.  147 

gia,  in  her  legislative  capacity,  to  enact  the  statute  re- 
ferred to,  providing  for  the  government  of  the  Cherokee 
Indians  within  the  limits  of  the  State,  and  equally  extends 
to  her  entire  legislation  on  the  subject. 

In  confirmation  of  the  view  which  I  have  taken  of 
these  transactions,  it  is  understood,  from  the  highest 
sources  of  information,  that  the  counsel  for  the  Cherokees 
in  the  argument  of  these  cases,  especially  the  one  brought 
before  the  Convention  of  Judges,  relied  mainly  on  the  un- 
constitutionality of  the  act  of  1833.  The  argument  upon  the 
subject  having  long  since  been  exhausted,  and  the  ques- 
tion having  been  abandoned  by  the  most  respectable  of 
those  who  heretofore  contended  for  the  national  sover- 
eignty and  independence  of  the  aboriginal  tribes,  I  deem 
it  unnecessary  to  reiterate  upon  the  present  occasion  the 
conclusive  arguments  which  might  be  adduced  to  silence 
the  pettifogging  attempts  which  are  now  confined  to  our 
own  limits  and  jurisdiction.  If  the  laws  of  Georgia,  en- 
acted by  the  immediate  representatives  of  her  people, 
violative  of  no  constitution,  human  or  Divine,  can  be  nul- 
lified by  a  few  interested  lawyers,  and  one  solitary  Judge, 
then,  indeed,  it  is  a  vain  boasj:  for  the  people  of  Georgia 
to  talk  of  their  sovereign  rights  and  powers.  Georgia, 
having  nobly  and  successfully  vindicated  her  local  and 
territorial  rights  for  more  than  a  half  a  century  against 
Federal  usurpation  and  foreign  intermeddling,  until  op- 
position to  a  free  exercise  of  those  rights  no  more  inter- 
rupts her  peace  from  abroad,  is,  nevertheless,  at  this  mo- 
ment harassed,  annoyed  and  retarded  in  her  policy  by  her 
own  citizens,  whose  first  duty  it  is  to  aid  in  the  faithful 
execution  of  the  laws  of  the  State. 

It  was  obviously  the  intention  of  the  last  Legislature 
that  the  grantees  of  all  land  authorized  to  be  granted 
should  immediately  go  into  the  possession  of  their  lands, 
and  that  the  same  act  which  authorized  the  grants  to  be 
issued  made  it  the  duty  of  the  courts  to  protect  them  in 
the  peaceable  and  unmolested  possession  of  the  same. 
But.  so  far  from  these  citizens  being  sustained  in  the 
rights  and  privileges  guaranteed  to  them  by  an  expressed 
statute  of  the  State,  they  have,  without  evidence,  without 
a  trial  by  jury,  been  prohibited  from  entering  into  the  en- 
joyment of  their  possessions,  by  the  extraordinary  and 
arbitrary  mandate  of  the  Judge  of  the  Superior  Courts 
of  the  Cherokee  Circuit.  Instead  of  the  Indian  complain- 
ants seeking  a  remedy  for  their  supposed  wrongs  at  com- 
mon law,  to  which  they  were  entitled,  thev  have  resorted 


148  REMOVAL  OF  IHE  CHEROKEE 

to  what  is  termed  a  court  of  equity  in  cases  not  proper 
for  the  action  of  such  a  court,  and  have  been  sustained 
by  the  unauthorized  exercise  of  the  extraordinary  power 
of  that  court,  in  prohibiting  our  citizens,  under  severe 
penalties,  from  the  exercise  of  their  legal  rights,  on  the 
partial  and  one-sided  statements  of  Indians  who  were  in- 
terested ;  and  that,  too,  before  the  opposing  claim  had 
been  submitted  to  the  honest  and  independent  decision 
of  a  jury.  The  deprecated  efifect  produced  by  the  conduct 
of  a  Judge  in  reference  to  these  bills  has  been  to  revive 
the  delusive  and  expiring  hope  of  the  Cherokees  that  they 
w^ould  be  sustained  in  their  unreasonable  pretentions  to 
the  rights  of  independent  self-government,  within  the 
chartered  limits  of  Georgia.  They  have  seen  our  own 
citizens  vindicating  their  extravagant  pretentions  with  a 
zeal  bordering  on  fanaticism,  and  denouncing  the  author- 
ities of  the  State,  merely  for  a  faithful,  yet  mild,  adminis- 
tration of  the  law. 

Thus,  their  visionary  prospects  of  success  have  en- 
couraged and  strengthened  all  their  former  prejudices 
against  the  people  and  government  of  Georgia. 

In  the  midst  of  these  strifes,  the  President  of  the 
United  States,  with  his  unfaltering  fidelity  to  the  true  in- 
terest of  the  Indians,  as  well  as  to  the  States,  made  an- 
other elTort  to  settle  these  long-standing  perplexities  with 
the  Cherokees,  by  causing  a  treaty  to  be  entered  into  with 
a  delegation  of  that  tribe  then  at  Washington,  the  terms 
of  which  were  unparalleled  in  liberality  to  the  Indians.  But, 
for  reasons  best  known  to  that  body,  the  Senate  of  the 
United  States  declined  acting  upon  the  treaty,  and  conse- 
quently the  object  of  the  President  has  thus  far  been  im- 
peded. Nevertheless,  the  important  object  of  the  removal 
of  the  Cherokees  has  not  been  abandoned.  The  liberal 
terms  embraced  in  the  treaty  are  still  open  to  the  Indians. 
But,  from  all  the  information  in  the  possession  of  this  de- 
partment, it  is  believed  that  these  perplexities  will  never 
be  brought  to  a  happy  issue,  so  long  as  the  Indians  are 
induced  to  believe  that  the  laws  of  the  State  and  its  pol- 
icy towards  them  can  be  thwarted,  evaded,  and  overruled 
by  their  white  friends  in  Georgia,  aided  by  our  own  State 
courts. 

The  correspondence,  and  other  documents  herewith 
submitted  to  the  General  Assembly  will  tend  to  exhibit 
the  true  character  and  causes  of  the  various  excitements 
which  have  been  produced  in  the  Cherokee  section  of  the 
State  during  the  past  year,  as  also  the  manner  in  which 


INDIANS    FROM    GEORGIA.  149 

they  have  been  disposed  of  by  the  Executive,  in  the  ab- 
sence of  appropriate  legislation  to  meet  such  cases.  By 
a  careful  examination  of  these  papers  it  will  be  seen  that 
many  of  our  citizens  have  been  exposed  to  all  the  appre- 
hensions of  savage  ferocity.  While  it  may  be  admitted 
that  the  fears  of  the  community  have  been  in  some  in- 
stances indulged  to  an  unreasonable  extent,  yet  it  is  not 
to  be  concealed  that  many  individuals  have  been  exposed 
to  apprehensions  and  great  hazards,  several  horrid  mur- 
ders having  been  committed  upon  unofifending  citizens 
and  distinguished  natives  who  were  favorable  to  the  pol- 
icy of  the  Government  upon  the  subject  of  emigration, 
while  others  have  but  narrowly  escaped  attempts  equally 
bold  and  daring.  Although  the  Indian  rulers  who  still 
remain  in  Georgia  have  been  deprived  by  our  laws  of  the 
formality  of  ruling  their  people,  it  is  nevertheless  true 
that  they  continue  to  control  and  govern  a  portion  of 
them  in  the  most  absolute  manner ;  and  I  have  reason  to 
believe  that,  through  the  instrumentality  of  these  dictators, 
aided  and  countenanced  as  they  are  in  all  their  schemes 
of  controversy  by  a  portion  of  our  own  citizens,  the  lives 
of  some  of  the  government  agents,  as  well  as  of  some  of 
the  principal  Cherokees  who  are  favorable  to  emigration, 
have  been  threatened,  and  perhaps  at  this  time  they  are 
in  danger  of  massacre.  Such  an  enemy  as  this  ought  not 
to  be  permitted  to  repose  in  the  bosom  of  the  State.  So 
long  as  it  is  tolerated  we  are  exposed  to  insurrections 
and  commotions  which  can  only  be  suppressed  when  too 
late  to  avoid  the  effusion  of  human  blood.  If  the  mild 
laws  heretofore  enacted  and  designed  to  suppress  these 
evils  in  a  peaceable  way  have  been  so  perverted  as  to  in- 
crease them,  the  time  has  assuredly  arrived  when  more 
appropriate  and  efificient  legislation  is  called  for. 

The  Legislature  has  an  unquestionable  right  to  make 
it  a  highly  penal  crime  for  any  citizen  or  inhabitant  of 
this  State  to  advise,  aid,  or  counsel,  in  any  measure,  or 
issue  or  serve  any  process,  which  shall  bring  in  question 
before  any  tribunal  of  this  State,  or  of  the  United  States, 
our  rights  of  sovereignty  and  jurisdiction  over  our  entire 
population  and  territory. 

I  consider  the  reserved  rights  of  the  States  of  this 
confederacy  a  chief  pillar  of  American  liberty ;  and,  if 
properly  understood  and  exercised,  they  will  tend  to  per- 
petuate union  and  liberty  to  our  unborn  posterity.  To 
secure  these  rights,  it  is  a  matter  of  the  first  importance 
that  the  constitutional  laws  of  the  State  should  be  faith- 


I50  REMOVAL  OF  THE  CHEROKEE 

fully  executed.  We  should  not  permit  their  execution  to 
be  defeated  by  any  artifice  or  combination  whatever.  No 
citizen  should  be  permitted,  directly  or  indirectly,  to  en- 
courage rebellion  against,  or  resistance  to,  the  constitu- 
tional sovereignty  and  jurisdiction  of  the  State  which  se- 
cure to  him  the  inestimable  blessings  of  our  republican 
system. 

It  is  with  the  most  scrupulous  and  profound  respect 
for  the  judiciary,  as  a  co-ordinate  department  of  the  gov- 
ernment, that  I  have  felt  myself  reluctantly  compelled  to 
submit  the  foregoing  strictures  to  the  General  Assembly 
upon  the  conduct  of  the  Judge  of  the  Superior  Courts  of 
the  Cherokee  Circuit.  Nor  is  it  the  design  of  the  Execu- 
tive in  any  manner  whatever  to  encroach  upon  the  judi- 
cial department  of  the  Government.  But  a  deep  sense 
of  official  duty,  and  a  fixed  and  unalterable  determination 
to  maintain  the  rights  of  the  State,  from  whatever  quar- 
ter, and  under  whatever  disguise  they  may  be  assailed, 
compel  me  to  perform  my  duty  to  my  constituents,  re- 
gardless of  all  personal  considerations. 

The  several  applications  made  to  the  last  General  As- 
sembly for  the  incorporation  of  railroad  companies  were 
granted  upon  terms  of  liberality  which  induced  the  be- 
lief that  the  dormant  spirit  of  the  people  of  Georgia,  on 
the  important  subject  of  internal  improvement,  was  arous* 
ed  to  a  sense  of  their  true  interest ;  and  before  the  pres- 
ent day  it  might  have  been  expected  that  preliminary 
steps  would  have  been  taken,  calculated  to  ensure  the 
accomplishment  of  the  most  important  results  to  the  pub- 
lic. But,  so  far  as  I  am  informed,  with  the  exception  of 
the  progress  made  by  the  Georgia  Railroad  Company,  lit- 
tle has  been  efiFected.  That  company,  however,  appear  to 
have  been  engaged  in  laudable  and  active  eflforts,  calcu- 
lated to  induce  the  belief  that,  to  a  considerable  extent, 
the  object  of  the  association  will,  at  no  distant  day,  be 
carried  into  effect.  As  to  the  particular  progress  and 
prospects  of  the  company,  however,  I  have  no  informa- 
tion, except  that  which  has  been  spread  before  the  public. 
Should  these  companies  fail  to  avail  themselves  of  the 
exclusive  benefits  and  privileges  secured  to  them  by  their 
charters,  it  will  then  be  vain  for  the  people  of  Georgia 
any  longer  to  flatter  themselves  that  general  benefits  will 
shortly  accrue  to  the  community  from  projects  of  internal 
improvements  which  are  dependent  for  their  execution 
upon  the  enterprise  and  capital  of  private  citizens. 


INDIANS    FROM   GEORGIA.  151 

Under  the  existing  aspect  of  things  relating  to  the 
subject  of  internal  improvement,  and  considering  the 
great  interest  which  the  State  has  at  stake,  dependent 
upon  the  movements  of  the  present  time,  the  question  pre- 
sents itself  with  great  force  to  the  consideration  of  the 
present  General  Assembly  whether  the  ample  resources 
of  the  State  shall  not,  to  a  liberal  extent,  be  applied  at 
once  to  this  important  object.  The  resources  of  the  State 
heretofore  set  apart  and  pledged  for  purposes  of  public 
education  and  internal  improvement  should  never  be  di- 
verted into  any  other  channel  of  expenditure,  under  any 
pretense  whatever.  But  these  funds,  accumulated  as  they 
were  from  the  public,  should  be  scrupulously  applied  to 
these  admitted  objects  of  first  utility.  Indeed,  I  enter- 
tain no  doubt  but  that  a  wise  and  prudent  policy,  directed 
by  an  enlightened  forecast,  would  suggest  the  expediency 
of  greatly  enlarging  our  views  in  regard  to  the  applica- 
tion of  our  resources  to  these  objects,  before  the  means 
of  doing  so  shall  have  passed  beyond  our  control.  If  the 
whole  moneyed  resources  of  the  State,  in  whatever  they 
may  consist,  could  be  judiciously  applied  to  purposes  of 
education  and  internal  improvement,  it  could  not  fail  to 
efifect  a  present  and  permanent  blessing  to  the  people  of 
Georgia.  The  facilities  of  commerce  and  the  benefits  of 
education,  being  brought  to  the  door  of  every  citizen,  are 
objects  of  far  greater  importance  to  the  people  than  that 
of  granting  partial  loans  of  money  from  the  public  chest 
to  a  few  thousand  citizens  dispersed  over  the  State. 

It  must  be  admitted  that  the  large  sums  of  money 
heretofore  expended  upon  roads  and  rivers  in  this  State 
having  effected  but  little  permanent  good,  yet  this  afifords 
no  just  ground  for  discouragement,  for,  when  we  look 
through  the  history  of  our  efforts  on  this  subject,  we  shall 
perceive  that  we  were  only  pursuing  the  examples  of  older 
and  more  experienced  communities.  Most  of  the  old 
States  of  the  Union,  as  well  as  the  most  enlightened  coun- 
tries of  Europe,  were,  until  within  a  very  few  years  past, 
expending  their  wealth  upon  projects  of  internal  improve- 
ment which,  if  not  entirely  useless,  are,  at  this  day  of  light 
upon  this  subject,  considered  a  most  improvident  waste 
of  time  and  treasure. 

The  superior  advantages  of  railroads  over  every  other 
description  of  expensive  works  of  internal  improvement, 
and  as  being  best  suited  to  most  parts  of  our  country, 
seem  now  scarcely  to  be  questioned.  Experience,  the 
surest  and  best  test,  is  rapidly  settling  public  opinion  on 


152  REMOVAL  OF  IHE  CHEROKEE 

this  subject ;  and  it  is  therefore  deemed  to  be  unnecessary 
at  this  time  to  enter  upon  a  discussion  of  their  relative 
superiority.  After  the  most  mature  consideration,  I  have 
no  hesitancy  in  reiterating  the  often  expressed  opinion 
that  the  only  great  work  of  internal  improvement  which 
would  be  entitled  to  the  support  of  our  whole  population, 
and  which  could  be  expected  to  concentrate  the  resources 
and  energies  of  the  State,  would  be  a  central  railroad, 
commencing  on  our  own  seaboard  and  running  thence 
to  the  centre  of  the  State  (or  as  nearly  so  as  may  be  ex- 
pedient), with  a  view  of  ultimately  extending  the  line, 
through  the  interior,  to  our  northwestern  boundary,  so 
as  eventually  to  draw  a  considerable  portion  of  the  im- 
mense trade  of  the  great  and  fertile  West  to  our  own  sea- 
board. Moreover,  such  a  work,  executed  by  Georgia, 
would  be  advancing  in  the  line  of  the  splendid  project  of  a 
direct  railroad  communication  connecting  the  Mississippi 
with  the  Atlantic,  and  would  tend  to  ensure  the  success 
of  that  gigantic  conception ;  which  result  could  not  fail 
to  make  our  railroad  stock  immensely  valuable,  and  at 
the  same  time  increase  the  individual  wealth  of  our  citi- 
zens to  an  extent  far  beyond  the  conception  of  those  who 
have  not  maturely  considered  and  investigated  such  sub- 
jects. The  facilities  thus  afforded  to  commerce  would 
give  new  springs  to  every  branch  of  industry  throughout 
the  State. 

I  entertain  the  opinion  that  the  day  is  not  far  distant 
when  the  commercial  advantages  and  disadvantages  of  all 
the  principal  Atlantic  cities  of  the  United  States  will  ap- 
proximate much  nearer  to  the  same  standard  than  they 
do  at  present.  The  progress  already  made  by  works  com- 
pleted and  now  under  contract  in  the  dififerent  States  of 
the  Union,  fully  justifies  the  beHef  that  all  the  principal 
Atlantic  cities,  from  New  York  to  New  Orleans,  will,  be- 
fore the  present  generation  shall  have  passed  away,  be 
brought  near  together  by  one  continuous  line  of  the  best 
constructed  railroads,  except  short  spaces  supplied  by 
steamboat  navigation.  This  being  effected,  the  great 
question  with  the  producer  and  merchant  of  the  interior 
will  be,  "How  shall  I  get  to  the  Atlantic  in  the  shortest 
time,  and  with  the  least  expense  and  risk?"  Then  there 
will  be  but  little  reason  to  enquire  whether  Savannah  or 
Charleston  will  afford  the  best  market,  both  being  brought 
so  near  to  the  same  standard. 

Under  this  view  of  the  subject  it  appears  to  me  that 
the  great  importance  of  a  direct  railroad  from  our  prin- 


INDIANS    FROM    GEORGIA.  153 

cipal  seaport  town,  through  the  centre  of  the  State,  and 
ultimately  to  be  extended  to  the  Mississippi  river,  must 
force  itself  with  deep  conviction  on  the  mind  of  every  re- 
flecting individual.  Such  a  road,  if  speedily  executed, 
could  not  fail  to  give  to  our  State  a  great  commercial  im- 
porium,  surpassed  by  few,  if  any  one,  on  the  entire  At- 
lantic. It  would  concentrate  the  interest  and  energies  of 
our  whole  people  to  one  great  and  definite  object,  worthy 
of  the  support  of  all,  because  designed  for  the  benefit  of 
all.  This  important  point  being  settled  into  one  definite 
object,  all  minor  works  of  internal  improvement  would  be 
planned  and  executed  in  reference  to  it,  without  incurring 
the  hazard  attendant  on  new  schemes  of  enterprise,  which 
are  so  apt  to  divert  and  unsettle  the  public  mind. 

The  great  difficulty  of  executing  a  State  work  of  the 
description  now  under  consideration  arises  from  the  fact 
that  competent  and  faithful  agents  and  superintendents 
are  not  always  to  be  readily  procured.  The  best  method  of 
obviating  this  evil  will  be  to  limit  the  entire  responsibility 
to  a  contracted  circle  of  individuals,  enjoying  the  public 
confidence  in  a  high  degree,  and  who  would  be  able  to 
give  the  most  ample  security  for  their  fidelity  to  the  pub- 
lic interest.  Great  as  the  undertaking  may  appear,  I  feel 
no  hesitancy  in  saying  that  the  resources  and  credit  of 
the  State  are  ample,  and  that  whatever  may  be  judiciously 
applied  to  effect  the  object  will  be  loaning  the  public 
money  at  a  rate  of  usury  which  could  not  fail  to  reimburse 
the  treasury  many  fold  for  every  dollar  thus  expended. 

On  the  momentous  question  of  public  education,  my 
views  have  been  so  frequently  and  so  fully  presented  to 
the  Legislature  that  I  do  not  deem  it  important  on  the 
present  occasion  to  reiterate  at  large  my  unchanged  opin- 
ions. The  wisest  men  of  the  age  in  which  we  live,  after 
the  most  profound  research  and  patient  experiments,  have 
in  various  forms  laid  before  the  reading  public  all  that 
kind  of  information  which  is  deemed  necessary  to  enable 
the  statesman  to  modify  existing  systems  of  education, 
and  adapt  them  to  the  aspects  and  exigencies  of  the  com- 
munity for  whose  benefit  he  legislates,  and  of  whom  he 
forms  a  component  part.  We  may  not  reasonably  cal- 
culate on  a  continuation  of  the  liberty  and  national  pros- 
perity hitherto  vouchsafed  to  us  as  a  people,  without  pro- 
viding amply  for  the  diffusion  of  knowledge  commensur- 
ate with  the  increase  of  our  population,  and  for  corre- 
sponding improvements  in  all  the  arts  and  sciences  cal- 
culated to  elevate  and  adorn  the  human  character. 


154  REMOVAL  OF  THE  CHEROKEE 

In  our  country  this  diffusion  of  knowledge  must  be 
based  upon  some  general  system  which  will  place  com- 
mon education  within  the  grasp  of  every  child ;  and  to 
effect  this  very  desirable  object  it  is  firmly  believed  that 
the  connection  of  manital  labor  with  school  studies  prom- 
ises the  greatest  and  most  salutary  improvement  upon  all 
former  plans.  I  confess  I  look  to  the  introduction  of 
manual  labor  as  a  part  of  the  system  of  all  public  schools 
to  be  the  only  hope  of  general  success  in  our  section  of 
the  Union.  It  is  worse  than  useless  to  attempt  to  educate 
our  children  in  any  mode  tending  to  confirm  habits  of 
idleness,  or  to  excite  hopes  and  expectations  of  procur- 
ing the  comforts  of  life,  without  industry  and  labor.  The 
superior  advantages  of  this  system  are  no  longer  matters 
of  mere  theory,  but  have  been  satisfactorily  tested  in  many 
of  the  most  respectable  academies  and  colleges ;  and  the 
association  of  manual  labor  with  the  common  courses  of 
study  is  now  universally  admitted  to  be  of  the  first  im- 
portance in  strengthening  and  invigorating  the  intellect, 
as  well  as  improving  the  morals  of  the  student.  More- 
over, such  association  cannot  fail  to  create  and  cherish 
a  proper  sympathy  for  the  plain  realities  of  life,  so  neces- 
sary to  the  virtue  and  happiness  of  mankind.  Unless 
labor  is  connected  with  education,  the  poor  must  chiefly 
be  excluded  from  our  schools  and  colleges — none  but  the 
wealthy  being  able  to  incur  the  expenses  incident  to  class- 
ical education.  But  let  it  be  understood  the  industrious 
student  may  work  his  way  to  the  highest  literary  distinc- 
tion— that  the  highway  to  fame  is  no  longer  hedged  up  to 
the  poor — and  you  will  have  aroused  the  sleeping  energies 
of  the  most  important,  because  the  most  numerous,  class 
of  every  community. 

Every  year  affords  additional  evidence  that  our  Uni- 
versity is  justly  rising  in  the  estimation  of  the  public.  The 
judicious  administration  of  affairs  of  that  institution,  un- 
der the  government  of  its  present  faculty,  entitles  it  to  the 
confidence  and  support  of  an  enlightened  community.  I 
am  sanguine  in  the  belief  that  Franklin  College  is  destined, 
at  no  distant  day,  to  equal  the  fondest  anticipations  of 
its  best  friends,  when  it  may  justly  be  considered  a  rival 
of  the  best  literary  institutions  in  our  widely  extended 
country.  Indeed,  I  consider  it  doubtful  whether  our  sons 
can  anywhere,  at  this  time,  spend  the  short  course  of  four 
years'  college  instruction  to  greater  advantage  than  at 
Franklin  College. 


INDIANS    FROM    GEORGIA.  155 

The  general  impression  which  pervades  the  public 
mind,  that  the  almost  exchisive  object  of  a  college  edu- 
cation is  to  multiply  lawyers  and  dodors,  has  a  most  per- 
nicious effect  upon  the  success  and  advancement  of  the 
institution.  It  has  occurred  to  me  that  the  most  effectual 
means  of  obviating  this  injurious  impression  would  be  to 
provide  amply  for  the  endowment  of  the  most  appropriate 
professorships  for  preparing  the  students  to  become  able 
and  competent  teachers  in  our  academies,  manual  labor 
institutes,  and  other  schools,  and,  at  any  rate,  to  prepare 
our  sons  to  become  scientific  artisans  and  agriculturists. 
I  consider  it  altogether  an  erroneous  idea  that  it  requires 
less  mind  or  less  learning  to  make  an  accomplished  farm- 
er or  artisan  than  would  be  considered  requisite  to  make 
a  current  lawyer  or  doctor ;  and  it  is  to  be  feared  that  ag- 
riculture, the  parent  of  every  other  art,  is  destined  to  lan- 
guish in  our  State,  unless  sustained  by  the  devotion  of  the 
best  talents,    learning,  and  practical  skill. 

The  reports  made  by  the  several  banks  of  this  State, 
in  conformity  to  law,  including  that  of  the  Central  Bank, 
are  herewith  submitted  to  the  Legislature. 

The  examination  into  the  condition  of  the  Darien 
Bank,  and  its  branches,  authorized  by  the  last  General 
Assembly,  I  regret  to  say,  has  not  been  effected.  The 
Executive  correspondence  in  relation  to  this  subject  will, 
to  a  considerable  extent,  explain  the  causes  of  the  failure. 
The  gentlemen  first  selected  having  all  declined  the  serv- 
ice, and  the  great  diflficulty  of  obtaining  the  services  of 
qualified  individuals — taking  into  view  residence,  and  other 
important  considerations — wore  away  the  season  until  it 
was  found  wholly  impracticable  to  effect  the  object  of  the 
Legislature.  The  importance  of  the  information  contem- 
plated to  be  obtained  by  the  examination  authorized  by 
the  Legislature  is  greatly  increased  from  the  facts  that 
the  State  is  largely  interested  in  the  capital  of  said  bank, 
and  that  the  question  of  a  recharter  will,  in  all  probability, 
be  determined  by  the  present  General  Assembly. 

The  discussions  and  developments  of  the  last  six  years 
upon  the  subject  of  the  banking  institutions  of  our  coun- 
try have  contributed  much  to  enlighten  the  public  mind 
in  regard  to  the  true  character  and  general  management 
of  such  institutions.  The  effects  have  been  such  as  might 
have  been  anticipated  in  an  enlightened  and  intelligent 
community.  The  banks  of  our  country,  from  the  United 
States  Bank  down  to  the  most  petty  State  corporation, 
have  lost  much  of  the  public  confidence  and  favor,  and  the 


156  REMOVAL  OF  IHE  CHEROKEE 

people  are  becoming  more  and  more  distrustful  of  these 
engines  of  power  and  selfish  speculation.  Experience  has 
shown  that  these  incorporations  not  only  possess,  but 
have  exerted,  the  power  to  drain  from  the  country  the 
constitutional  hard  money  currency,  and  substitute  in  lieu 
thereof  the  joint  stock  notes  of  corporate  companies, 
which  are  liable  to  bankruptcy  from  the  mere  forebodings 
of  being  called  on  to  pay  their  just  debts,  and  that,  under 
cover  of  their  chartered  privileges,  the  most  extensive 
frauds  are  sometimes  practiced  upon  an  unsuspecting 
community. 

In  regard  to  the  banks  of  our  own  State,  it  may  be 
justly  remarked  that  the  exhibits  made  of  their  condition 
will  bear  an  honorable  comparison  with  those  of  similar 
institutions  in  perhaps  any  State  in  the  Union ;  and  that 
most  of  them  continue  to  deserve  the  public  confidence. 
This  confidence,  however,  should  by  no  means  abate  the 
vigilance  of  the  General  Assembly  in  guarding  the  people 
against  the  evils  consequent  upon  the  abuses  of  banking 
privileges.  The  slightest  failure  on  the  part  of  these  in- 
corporations to  comply  with  the  requirements  of  the  law 
should  not  be  overlooked  in  silence,  and  a  bank  that  once 
corruptly  violates  its  charter  should  never  again  be  recom- 
mended to  the  public  confidence  by  any  act  or  resolve  of 
the  Legislature. 

All  my  reflections  upon  the  tendency  of  banking  oper- 
ations have  but  confirmed  the  opinion  that  the  latitude 
heretofore  given  to  such  corporations,  in  the  unguarded 
terms  of  their  charters,  has  furnished  the  temptation  to 
the  most  hazardous  extension  of  their  credit,  and  opened 
the  door  to  the  most  fraudulent  speculations.  Hence  I 
conclude  that,  as  a  general  rule,  it  is  far  better,  for  the 
public  security,  to  incorporate  new  banks,  under  proper 
restrictions,  than  to  recharter  old  ones. 

Under  the  provisions  of  the  act  of  the  General  As- 
sembly, passed  in  December  last,  the  negroes  and  other 
property  appertaining  to  the  road  service  have  been  dis- 
posed of  on  terms  highly  advantageous  to  the  State.  Ac- 
cording to  the  reports  of  the  agents  who  transacted  this 
business,  it  appears  that  the  amount  of  the  sales  was,  in 
the  aggregate,  one  hundred  and  eighteen  thousand  one 
hundred  and  forty-eight  dollars  and  thirty-seven  cents ; 
all  of  which  sum  has  been  deposited  in  the  Central  Bank, 
in  terms  of  the  law,  in  notes  discounted  and  cash — except 
the  sum  of  four  thousand  four  hundred  and  seventy-seven 
dollars  and  ninety-five  cents — a  part  of  which  remains  un- 


INDIANS    FROM    GEORGIA. 


157 


settled  on  account  of  an  error  committed  in  the  amount 
of  a  note  taken  by  one  of  the  agents,  and  a  difficulty  which 
arose  on  account  of  the  unsound  health  of  one  of  the  ne- 
groes. The  balance  of  said  deficit  remains  to  be  account- 
ed for  by  the  agents,  Messrs.  Lyman  and  Powell.  The 
number  of  negroes  sold  was  one  hundred  and  ninety- 
eight,  leaving  eight  runaways  to  be  disposed  of  when  ap- 
prehended. A  competent  agent,  Francis  M.  Stone,  Esq., 
of  Savannah,  was  appointed  to  have  these  fugitives  ap- 
prehended and  sold,  according  to  the  provisions  of  the  act 
of  the  Legislature  herein  before  referred  to ;  and  I  am  gra- 
tified to  have  it  in  my  power  to  state  that  most  of  them 
have  been  apprehended,  and  probably  before  this  time 
have  been  sold.  The  net  profits,  however,  of  the  sale  of 
these  runaway  slaves  will  be  comparatively  small,  after 
deducting  the  expense  of  their  apprehension  and  jail  fees, 
physician's  bill,  and  other  incidental  charges.  I  would  re- 
spectfully suggest  to  the  General  Assembly  that  the  sev- 
eral agents  who  have  performed  the  responsible  duty  of 
disposing  of  these  negroes  in  the  terms  of  the  law,  so  much 
to  the  interest  of  the  State,  are  justly  entitled  to  a  suit- 
able remuneration  for  the  unpleasant,  expensive,  and  high- 
ly responsible  duties  which  they  have  discharged,  and 
which  were  by  no  means  suitably  provided  for  by  the  act 
of  the  Legislature  which  authorized  the  sale  of  the  public 
hands.  It  may  not  be  improper  to  add  that  I  am  convinced 
that  these  gentlemen  were  induced  to  undertake  the  dis- 
charge of  these  duties  from  public  considerations,  under 
a  full  conviction  that  the  law  did  not  make  adequate  pro- 
vision to  compensate  them  for  the  duties  and  responsibil- 
ities imposed  upon  them. 

Under  the  authority  of  a  joint  resolution  of  the  late 
General  Assembly,  John  A.  Cuthbert,  James  A.  Meri- 
wether, and  Philip  T.  Schley,  Esqs.,  were  appointed  by  the 
Executive  to  revise,  correct,  and  consolidate  the  militia 
laws  of  this  State,  or,  in  their  discretion,  to  draft  a  new 
code,  and  their  report  may  be  expected  at  an  early  day  of 
the  present  session,  when  it  will  be  immediately  laid  be- 
fore the  Legislature.  The  reports  of  the  keepers  of  the 
arsenals  are  herewith  submitted ;  from  which  it  will  be 
seen  that  our  supply  of  arms  and  other  munitions  for  pub- 
lic defence  are  extremely  limited,  and  that  volunteer  com- 
panies cannot  receive  further  supplies  without  legisla- 
tive provision.  I  have  had  occasion  heretofore  to  remark 
to  the  General  Assembly  upon  the  condition  of  that  por- 
tion of  the  public  arms  which  had  been  distributed  to  vol- 


158  REMOVAL  OF  IHE  CHEROKEE 

unteer  companies  in  past  years,  and  which  companies  had 
been  dissolved,  leaving  their  arms  in  a  scattered  and  ruin- 
ous condition.  The  bonds  taken  and  filed  in  this  depart- 
ment, for  the  safe  keeping  and  return  of  these  arms,  may 
be  regarded  as  being  of  little  value,  from  the  circum- 
stances of  the  death  or  the  removal  of  the  makers  and 
their  securities.  It  remains,  therefore,  for  the  Legisla- 
ture to  make  the  best  disposition  of  this  wasting  of  pub- 
lic property.  If  it  should  be  thought  expedient  to  collect 
and  put  in  order  arms  of  this  discription,  suitable  and  def- 
inite legislation  is  deemed  to  be  indispensable.  The  ex- 
perience we  have  had,  however,  in  cleaning  and  repairing 
defective  guns,  induces  the  belief  that  it  would  be  most 
expedient  to  provide  for  disposing  of  this  portion  of  pub- 
lic property  in  the  respective  neighborhoods  where  it  is 
found. 

No  appropriation  having  been  made  by  the  last  Gen- 
eral Assembly  to  defray  military  expenses,  and  former 
appropriations  having  been  exhausted,  the  pay  allowed  by 
law  to  Division  and  Brigade  Inspectors  remains  unset- 
tled. It  therefore  becomes  the  duty  of  the  Legislature  to 
provide,  at  an  early  day,  for  the  payment  of  these  claims  ; 
as  also  to  make  the  necessary  appropriation  to  meet  the 
ordinary  expenses  in  this  branch  of  the  public  service. 

The  success  which  has  attended  the  management  of 
the  Penitentiary  since  its  re-establishment  entitles  that 
important  public  interest  to  a  due  share  of  legislative  con- 
sideration. The  adaptation  of  our  new  criminal  code  to 
this  humane  system  of  punishment,  taken  in  connection 
with  the  judicious  management  of  the  present  Principal 
Keeper,  Charles  C.  Mills,  Esquire,  has  tended  to  re-estab- 
lish and  confirm  public  opinion  in  favor  of  this  mild  yet 
efificient  mode  of  correcting  the  vicious  habits  of  depraved 
men.  Under  all  the  circumstances,  the  operations  of  the 
past  year  have  been  more  favorable  than  could  have  been 
reasonably  anticipated.  The  various  disadvantages  which 
have  operated  upon  the  business  of  the  year  will  be  pre- 
sented in  the  reports  of  the  Inspectors  and  the  Principal 
Keeper,  which  satisfactorily  account  for  the  deficiency 
in  the  profits  of  the  institution  to  meet  the  current  ex- 
penses of  the  year.  It  is  believed  that  the  institution  will 
continue  to  be  able  to  sustain  itself  without  aid  from  the 
Treasury  for  ordinary  support. 

Upon  examination,  however,  it  will  be  obvious  that  its 
prosperity  and  best  success  require  that  ample  provision 
should  be  made  for  erecting  suitable  buildings,  or  shops, 


INDIANS    FROM    GEORGIA.  159 

for  carrying  on  to  the  greatest  advantage  the  different 
branches  of  business  pursued  in  the  institution.  Moreover, 
its  present  Hmited  means  will  not  justify  a  timely  procure- 
ment of  such  supplies  of  timber  as  require  several  years 
of  seasoning  to  be  fit  for  use. 

The  most  pleasing  reflection  connected  with  the  pres- 
ent management  and  the  future  prospect  of  our  Peniten- 
tiary establishment  is  the  settled  conviction  that  it  is  not 
only  a  house  of  correction  but  of  reformatioyi ;  and  that 
it  is  susceptible  of  such  management  as  to  reclaim  many 
of  the  most  vicious  from  habits  of  vice,  and  turn  them  to 
paths  of  virtue  and  usefulness.  Out  of  fifty-four  convicts 
who  have  been  discharged  during  the  last  three  years 
(which  number  includes  those  who  have  been  pardoned, 
as  well  as  those  who  have  served  out  their  sentences),  I 
have  good  reason  to  believe  that  a  large  majority  of  them 
are  at  this  time  pursuing  a  virtuous  life,  and  many  of  them 
established  in  business,  with  fair  prospects  of  success — 
only  one   of  this  number  has  been  recommitted. 

This  favorable  result  has  induced  the  belief  that,  as 
soon  as  the  profits  of  the  institution  will  afford  it,  some 
portion  of  the  earnings  of  the  convicts  who  conduct  them- 
selves well  to  the  end  of  their  confinement  should  be 
given  to  them  when  discharged,  to  enable  them  with  more 
facility  to  establish  themselves  in  the  respective  trades 
they  may  have  acquired. 

By  a  joint  and  approved  resolution  of  the  last  General 
Assembly  the  memorial  of  John  J.  Flournoy,  praying  the 
establishment  of  a  suitable  institution  for  the  education 
of  the  deaf  and  dumb,  was  referred  to  the  Executive,  for 
the  purpose  of  obtaining  the  necessary  information  to  en- 
able the  present  Legislature  to  enter  upon  an  investiga- 
tion of  the  subject,  with  the  aid  of  such  practical  results 
as  might  lead  to  a  judicious  decision.  In  order  to  meet 
the  wishes  of  the  Legislature,  a  timely  correspondence 
was  opened  with  the  Governors  of  several  of  the  States 
having  most  experience  on  this  subject.  The  correspond- 
ence, together  with  the  documents  received,  is  herewith 
submitted  to  the  General  Assembly,  and  will  afford  the 
most  ample  information  on  the  subject. 

To  Governor  Foot,  of  Connecticut,  and  Lewis  Weld, 
Esq.,  Principal  of  the  Deaf  and  Dumb  Institute  of  that 
State,  we  are  chiefly  indebted  for  the  valuable  document- 
ary information  obtained  upon  this  most  interesting  sub- 
ject. The  deaf  and  dumb  are  an  unfortunate  but  inter- 
esting class  of  individuals   in   every  community,  and   are 


l6o  REMOVAL  OF  IHE  CHEROKEE 

justly  entitled  to  the  munificent  care  and  special  regards 
of  their  more  fortunate  and  highly  favored  fellow  citizens. 
Therefore,  the  subject  commends  itself  to  the  respectful 
consideration  of  the  Legislature. 

While  our  thoughts  are  turned  to  the  abodes  of  the 
unfortunate,  I  would  avail  myself  of  the  occasion  most 
earnestly  to  invite  the  serious  attention  of  the  General 
Assembly  to  another  class  of  individuals  who  are  to  be 
found  in  every  community,  and  who  deserve  to  be  among 
the  first  objects  of  legislative  care  and  attention.  I  al- 
lude to  idiots,  lunatics,  and  insane  persons  of  every  de- 
scription. Every  government,  possessing  the  means, 
should,  without  hesitancy  or  procrastination,  provide 
suitable  asylums  for  these  most  distressed  and  unfortun- 
ate of  human  beings. 

The  repairs  and  improvements  authorized  to  be  made 
to  the  State  House  are  chiefly  completed,  and  have  been 
executed  in  a  style  creditable  to  the  contractors.  I'he 
work  not  being  entirely  finished,  and  final  settlements  not 
having  been  made  with  the  undertakers,  I  am  unable  at 
this  time  to  state  the  actual  cost,  but  feel  confident  that 
the  appropriation  made  by  the  last  General  Assembly  will 
not  cover  the  expenses  necessarily  incident  to  the  repair 
and  improvements  contemplated  to  be  made ;  for,  al- 
though the  contract  was  undertaken  and  estimated  at  an 
amount  less  than  the  sum  appropriated,  yet  considerable 
additional  labor  has  necessarily  grown  out  of  the  pro- 
gress of  the  work,  which,  being  unforeseen,  could  not  be 
provided  for  specially  in  the  contract.  In  this  extra  and 
additional  labor  is  included  the  repairs  of  unavoidable  in- 
juries done  to  the  building  by  rains  during  the  progress 
of  re-covering  it.  By  an  examination  of  the  various  apart- 
ments of  the  building  it  will  be  seen  that  they  are  insuf- 
ficient to  contain  in  a  proper  state  of  preservation  the 
vast  accumulation  of  books  and  papers,  and  other  append- 
ages belonging  to  the  public  offices.  I  would  therefore 
recommend  to  the  Legislature  that  a  sufficient  appropri- 
ation be  made  during  the  present  session  to  put  an  addi- 
tion to  the  south  end  of  the  building,  corresponding  with 
that  of  the  north.  This  is  deemed  indispensable,  not  only 
to  the  preservation  of  the  public  records,  but  to  the  sym- 
metry and  general  appearance  of  the  whole  building.  The 
plastering  in  some  of  the  rooms  and  entries  having-  been 
considerably  defaced,  and  cosiderable  painting  being  nec- 
essary to  preserve,  as  well  as  ornament,  the  interior  of 
the  building,  I  would  recommend  that,  if  the  proposed  ad- 


INDIANS    FROM    GEORGIA.  i6i 

dition  should  be  authorized,  the  appropriation  should  be 
sufficient  to  embrace  these  last  items  of  expense,  in  order 
that  the  entire  building  may  be  in  a  complete  state  of  re- 
pair. This  being  done,  the  appearance  of  this  important 
public  edifice  will  be  viewed  by  every  Georgian  with  be- 
coming pride  and  pleasure. 

I  would  respectfully  recommend  to  the  General  As- 
sembly an  entire  revision  and  consolidation  of  the  several 
tax  laws  of  this  State.  The  various  detached  and  amenda- 
tory acts  on  this  important  subject  have  introduced  am- 
biguity and  uncertainty  in  the  construction  and  execu- 
tion of  laws  which,  of  all  others,  should  be  most  clear  and 
explicit  in  their  provisions.  The  necessity  of  legislation 
upon  this  subject  is  clearly  demonstrated  from  the  fact 
that  mistakes  have  already  been  committed  in  several  of 
the  counties  of  this  State  in  regard  to  the  legal  amount 
to  be  levied  and  collected  from  the  people.  While  upon 
this  important  subject,  it  is  worthy  the  consideration  of 
the  Legislature  whether  a  more  equitable  mode  of  tax- 
ation might  not  be  devised  than  that  prescribed  in  our 
existing  system:  that  capital,  in  whatever  it  may  con- 
sist, which  yields  the  greatest  profit  can  best  afiford  to 
bear  the  burthens  of  taxation.  Yet  the  question  has  often 
been  asked,  and  not  without  reason :  "Why  may  not  the 
entire  property,  capital  and  cash  estate,  of  every  citizen, 
in  whatsoever  it  may  consist,  be  taxed  according  to  its  in- 
trinsic or  estimated  value?"  Upon  mature  reflection,  I 
am  compelled  to  admit  that  our  selection  of  objects  of 
taxation  fails  in  arriving  at  that  true  standard  of  justice 
and  equity  which  is  believed  to  be  attainable. 

In  pursuance  of  the  provisions  of  a  joint  resolution  of 
the  last  General  Assembly,  the  negro  man  Sam  has  been 
purchased  of  his  owner,  at  the  price  of  eighteen  hundred 
dollars,  with  a  view  to  his  emancipation,  as  a  reward  for 
his  extraordinary  services  in  extinguishing  the  fire  on  the 
State  House.  The  title  to  said  negro  has  been  conveyed 
to  the  State,  and  he  has  been  in  the  enjoyment  of  his  free- 
dom since  the  date  of  the  purchase  ;  nevertheless,  a  spe- 
cial act  of  emancipation,  giving  him  such  privileges  as 
may  be  deemed  proper,  will  be  necessary  to  carry  into 
full  effect  the  intentions  of  the  last  Legislature. 

A  list  of  Executive  warrants  drawn  on  the  Treasurer 
during  the  last  political  year,  and  a  list  of  Executive  ap- 
pointments made  during  the  recess  of  the  Legislature  are 
herewith  submitted. 


i62  REMOVAL  OF  THE  CHEROKEE 

Fellow  Citizens : — In  closing  this  communication,  per- 
mit me  respectfully  to  remind  you  that  we  are  brethren 
of  the  same  family,  jointly  charged  with  the  care  of  sin 
inestimable  political  patrimony ;  and  that  upon  the  wis- 
dom, justice,  and  moderation  of  the  present  generation 
depends  the  perpetuity  of  our  republican  institutions.  Our 
admirable  constitution  has  thus  far  successfully  withstood 
the  wiles  of  the  demagogues,  the  convulsions  of  war,  and 
the  secret  machinations  of  the  combined  enemies  of  lib- 
erty. I  can  conceive  of  nothing  that  can  materially  re- 
tard the  prospective  grandeur  of  our  great  American  con- 
federacy of  States,  except  it  be  internal  divisions.  Let 
the  chain  that  now  binds  us  as  one  people  be  severed,  and 
our  glory  will  have  departed  forever.  Whatever  diversity 
of  opinion  in  matters  of  policy  may  agitate  our  beloved 
country,  let  us  all  agree  that  "The  Federal  Union  must 
be  preserved."  Sufifer  me  to  add  that  with  our  settled 
determination  to  defend  the  rights  of  the  States,  and  a 
strict  construction  of  the  Federal  Constitution,  I  consider 
both  as  being  identified  with  the  success  and  support  of 
the  present  Federal  administration.  In  our  severe  con- 
flicts with  the  united  extremes  of  consolidation  and  nul- 
lification, it  is  most  fortunate  for  the  Republic  that  we 
have  an  unwavering  Revolutionary  patriot  at  the  helm  of 
the  Government — one  who  unites  in  himself  so  many  ad- 
mirable qualities  to  meet  the  present  crisis  —  and  who 
will  never  shrink  from  any  contest  with  the  enemies  of 
our  Constitution,  our  Union,  or  our  Country. 

WILSON  LUMPKIN. 


ANNUAL  MESSAGE,  1835. 

Executive  Department,  Ga., 

Milledgeville,  November  3d,   1835. 

Fellow  Citizens  of  the  Senate  and  House  of  Representa- 
tives : 

Our  constitutional  government  is  based  upon  the  most 
lofty  spirit  of  independence  and  ardent  attachment  to  lib- 
erty and  ec|ual  rights,  and  secures  to  the  people  the  free 
choice  of  all  public  officers  and  agents,  as  well  as  the  most 
unlimited  direction  and  control  in  the  making  and  execut- 
ing the  laws  of  the  country.  The  Legislature  is  therefore 
dedicated  to  the  service  of  the  people,  and  is  the  sure  de- 


INDIANS    FROM    GEORGIA.  163 

pository  of  their  rights  and  liberties ;  consequently  no 
station  can  be  more  sacred  than  that  which  you  now  oc- 
cupy. You  are  bound  by  the  strongest  obligations  to 
guard  and  perpetuate  the  glorious  principles  established 
by  our  Revolutionary  fathers,  in  the  constitutions  of  our 
country. 

In  thus  adverting  to  your  duties,  fellow  citizens,  be 
assured  that  I  am  not  unmindful  of  the  great  responsibil- 
ities necessarily  devolving  on  the  Executive  branch  of 
the  Government.  Four  years'  experience  has  but  in- 
creased that  distrust  which  I  have  never  ceased  to  feel 
of  my  ability  to  discharge,  in  a  manner  satisfactory  to 
myself,  the  high  duties  to  which  I  have  been  called  by  a 
generous  and  confiding  people — a  people  endeared  to  me 
by  every  tie  that  binds  a  grateful  citizen  to  the  interest 
and  happiness  of  his  country.  The  ardour  of  my  youth 
and  the  best  days  of  my  riper  years  have  been  faithfully 
devoted  to  the  public  service ;  and  yet  I  feel  that  I  have 
discharged  but  a  small  portion  of  the  debt  of  gratitude 
I  owe  to  the  people  of  Georgia  for  their  generous  confi- 
dence and  support,  under  all  the  vicissitudes  of  an  event- 
ful political  period  of  thirty  years.  Believing  it  to  be  the 
best  parting  service  I  can  render  to  my  constituents,  I 
shall  now  proceed  to  lay  before  their  representatives  a 
faithful  account  of  public  affairs,  so  far  as  I  may  consider 
them  falling  within  the  sphere  of  my  ofificial  duty. 

The  constitutional  compact  which  binds  together  the 
American  Confederacy  of  States  continues  to  be  regarded 
by  every  American  patriot  as  the  anchor  of  hope  for  the 
perpetuation  of  our  beloved  Union ;  and  although  our 
universal  construction  of  that  sacred  instrument  may  not 
yet  have  prevailed,  as  regards  every  controverted  point 
of  difference,  yet  the  expositions  and  writings  of  the  sages 
and  patriots  who  established  it  have  so  far  defined  and 
settled  all  important  points  of  collision  as  to  guard  the 
public  mind  against  the  wild  and  mischievous  stratagems 
of  sophistry,  as  well  as  the  more  dangerous  and  extrava- 
gant assaults  of  ambition.  The  constitutional  relations 
existing  between  the  several  States  of  the  Union  are,  at 
this  day,  very  clearly  understood  by  the  great  body  of  the 
American  people  ;  and  must  be  respected  by  the  several 
States,  both  in  their  separate  and  united  capacities,  or 
the  Federal   Union  cannot  be  preserved. 

These  general  remarks  have  been  made  with  a  view 
to  the  existing  state  of  things  between  the  slave  and  non- 
slave  holding  States ;  a  delicate  subject,  which  nothing 
but  an  imperious   sense  of  duty  could   induce   me  to  in- 


l64  REMOVAL  OF  IHE  CHEROKEE 

troduce  to  public  consideration,  in  a  paper  of  this  char- 
acter. The  constitutional  rights  of  the  Southern  States 
in  regard  to  slave  property  is  not,  and  cannot  be,  con- 
troverted ;  and  I  feel  disposed  to  cherish  an  abiding  con- 
fidence in  the  virtue  and  patriotism  of  our  Northern 
brethren,  and  will  not  indulge  the  belief  that  the  great 
body  of  that  people  can,  for  a  moment,  countenance  and 
encourage  the  desperate  efforts  of  those  violent  incendi- 
aries who  are  laboring  to  stir  up  insurrection  and  rebel- 
lion in  the  Southern  States.  Should,  however,  the  abol- 
itionists be  permitted  to  proceed  without  molestation,  or 
only  have  to  encounter  the  weapons  of  reason  and  argu- 
ment, have  we  not  reason  to  fear  that  their  untiring  ef- 
forts may  succeed  in  misleading  the  majority  of  a  people 
having  no  direct  interest  in  the  great  question  at  issue, 
and  finally  produce  an  interference  with  the  constitutional 
rights  of  the  slave-holder?  The  consequences  of  such  an 
event  cannot  be  contemplated  by  the  patriot  without  the 
most  painful  emotions.  The  success  of  these  misguided 
men  would  be  destructive  of  all  that  is  desirable  in  the 
glorious  experimental  government  under  which  we  are 
enjoying  an  unparalleled  degree  of  happiness  and  pros- 
perity. No  adequate  conception  can  be  formed  of  the 
blessings  which  they  are  laboring  to  destroy,  while  they 
claim  to  be  the  exclusive  friends  of  liberty  and  freedom 
The  principles  of  the  Christian  religion  can  never  be 
brought  to  the  aid  of  these  monsters,  whose  proceedings 
are  marked  by  the  most  reckless,  blood-thirsty  spirit  that 
ever  disgraced  the  American  name.  Upon  this  subject 
we  can  hear  no  argument.  Our  opinions  are  unalter- 
ablv  fixed ;  our  determinations  are  immutably  firm 
and  steadfast,  and  therefore  ought  not  to  be  con- 
cealed or  misunderstood.  It  is  a  subject  with  which  we 
cannot  suffer  a  stranger  to  intermeddle.  But  the  ques- 
tion arises,  what  is  to  be  done  in  the  present  exigency? 
It  is  the  imperious  duty  of  the  people  and  governments 
of  the  several  States  where  these  incendiaries  are  engag- 
ed in  their  diaboliacal  plans  and  operations  to  put  them 
down,  at  once,  and  forever.  It  is  not  my  province,  or 
duty,  to  point  out  the  manner  in  which  public  opinion 
should  be  brought  to  bear  upon  this  subject;  whether  by 
legislation  or  otherwise,  must  be  left  to  the  wisdom  of 
those  States  who  are  in  duty  bound  to  act,  and  to  act 
promptly  and  efficiently,  upon  this  subject.  If  the  States 
in  which  these  enemies  of  our  peace  reside  do  not,  with- 
out  delay,   manifest  their  friendship   and  fidelity    to    the 


INDIANS    FROM    GEORGIA. 


165 


Constitution  and  the  Union  of  the  States  by  effectually 
silencing  these  incendiaries,  we  can  no  longer  be  called 
upon,  in  charity,  to  place  any  confidence  in  their  profes- 
sions so  often  promulgated  to  the  world.  It  is,  with  us, 
a  subject  of  deep  and  solemn  import  —  involving  the 
destiny  of  our  dearest  domestic  affections;  our  sacred 
altars ;  our  all. 

I  would  earnestly  recommend  to  the  consideration  of 
the  Legislature  the  revision  of  our  existing  laws,  so  as 
more  effectually  to  prevent  the  circulation,  through  the 
Postoffice.  or  otherwise,  of  any  publications  tending  to  en- 
danger our  domestic  relations,  or  calling  in  question  our 
constitutional  rights  of  property.  Congress  should  also 
be  invoked,  in  the  most  earnest  and  respectful  language, 
not  to  suffer  the  Postoffice  establishment  to  be  used  "to 
our  injury  and  destruction.  I  would  also  recommend  that 
the  States  where  these  agitators  and  incendiaries  are 
found  should  be  called  upon  in  the  true  spirit  of  our  in- 
stitutions, that  is,  in  a  spirit  of  manly  independence  and 
brotherly  affection,  to  sustain,  in  good  faith,  the  letter 
and  spirit  of  our  glorious  Constitution. 

On  the  subject  of  our  territorial  rights,  as  connected 
with  the  claims  of  Indian  population,  I  deem  it  admissible 
on  this  occasion  to  remark  that  the  opinions  entertained 
and  the  policy  recommended  to  the  Legislature  imme- 
diately after  I  entered  upon  the  duties  of  the  Executive 
have  been  fully  sustained  by  the  success  of  the  measures 
then  recommended.  Notwithstanding  the  opposition 
which  has  been  encountered,  at  home  and  abroad,  and 
the  many  embarrassments  which  have  been  thrown  in  the 
way,  and  which  are  familiar  to  our  whole  population, 
within  the  last  four  years  we  have  seen  upwards  of  five 
millions  of  acres  of  our  territory  converted  from  a  sav- 
age wilderness — a  land  of  confusion  and  conflicting  rights 
of  government — into  fruitful  fields  and  the  peaceful  abodes 
of  an  enterprising  and  industrious  population.  Our  citi- 
zens in  the  Cherokee  part  of  Georgia  are  now  in  the  en- 
joyment of  most  of  the  blessings  which  follow  a  peace- 
ful administration  of  our  well  organized  svstem  of  gov- 
ernment. 

The  measures  which  have  led  to  these  results  have 
been  controverted  and  censured,  but  not  overturned. 
Threatenings  of  anarchy  and  blood  have  been  arrested  and 
silenced.  It  is  true  that  a  few  of  the  Cherokees  yet  linger 
within  our  borders,  and  continue  to  annoy  our  white  popu- 
lation ;  but  it  cannot  be  believed  that  the'  mischievous  and 


i66  REMOVAL  OF  IHE  CHEROKEE 

selfish  counsels  and  influence  of  a  single  individual,  John 
Ross,  can  much  longer  prevent  this  unfortunate  remnant 
from  yielding  to  the  liberal  and  magnanimous  proposals 
of  the  Federal  Government  for  their  removal  to  the  West. 
From  the  correspondence  herewith  submitted  it  will  be 
seen  that  the  opinion  is  entertained  by  the  agents  of  the 
Federal  and  State  Governments  that  the  Cherokees  will 
ultimately,  and  at  a  day  not  far  distant,  accept  the  late 
Treaty.  But,  so  far  as  Georgia  is  now  concerned,  the  ac- 
ceptance or  rejection  of  the  Treaty  is  a  matter  of  but  lit- 
tle importance.  Our  concern  upon  this  subject  is  founded 
chiefly  in  sympathy  for  this  unfortunate  and  deluded  peo- 
ple. Their  procrastination  is  ruinous  to  themselves,  while, 
to  us,  it  is  only  a  matter  of  temporary  inconvenience.  But, 
in  anticipation  of  their  obstinate  adherence  to  the  de- 
structive counsel  of  Ross  and  his  associates,  I  would 
recommend  to  the  General  Assembly  that,  during  their 
present  session,  they  provide  for  that  contingency.  If 
the  Cherokees  cannot  be  induced  to  pursue  their  true  in- 
terest by  kindness  and  liberality,  measures  should  be 
adopted  that  will  evince  to  them  the  utter  impossibility 
of  their  remaining  longer  within  the  limits  of  our  State. 
The  present  Legislature  is  in  duty  bound  to  relieve  Geor- 
gia from  this  troublesome  population,  and  should  turn 
them  over  to  the  care  of  the  Federal  Government  which 
has  long  since  been  more  than  compensated  by  Georgia 
to  take  care  of  and  provide  for  these  unfortunate  Indians. 
The  provisions  contained  in  the  acts  and  resolutions  of 
the  last  General  Assembly,  in  relation  to  our  Cherokee 
affairs,  have  had  the  most  salutary  efifect,  in  checking  ju- 
dicial assumptions  and  sustaining  the  rights  and  interests 
of  our  fellow  citizens  who  are  exposed  to  the  aggressions 
of  the  Cherokees  and  their  associates. 

At  the  earnest  solicitation  of  many  of  the  most  re- 
spectable citizens,  in  connection  with  the  request  of  the 
agents  of  the  Federal  Government,  and  some  of  the  prin- 
cipal men  of  the  Cherokees,  after  the  most  mature  con- 
sideration, I  was  forced  to  the  conclusion,  in  the  month 
of  June  last,  that  the  time  had  arrived  when  it  became  my 
duty  to  organize  a  small  force  for  the  security,  relief  and 
protection  of  our  own  citizens  and  the  friendly  Indians 
in  the  Cherokee  Circuit.  The  utility  and  efificiency  of  this 
force  in  aiding  and  sustaining  the  civil  authority  in  the 
administration  of  the  laws  of  the  State  have  been  obvious 
to  the  whole  community ;  and  at  this  time  is  controverted 
only  by  those  who  stand  opposed  to    the    policy    of    the 


INDIANS    FROM    GEORGIA.  167 

State  in  the  removal  of  the  Indians.  The  various  inci- 
dental expenses  which  have  occurred  in  the  management 
of  our  Indian  affairs  have  been  defrayed  from  the  con- 
tingent fund,  as  directed  by  the  Legislature ;  and  it  will 
be  seen,  upon  examination,  that  in  the  discharge  of  the 
discretionary  and  complicated  duties  confided  to  the  Ex- 
ecutive, constant  regard  has  been  had  to  the  strictest 
economy. 

A  band  of  vagabond  robbers,  who  form  a  part  of  the 
Creek  Indians  remaining  in  the  State  of  Alabama,  con- 
tinue to  be  an  annoyance  to  the  citizens  of  Georgia ;  and 
have,  during  the  past  winter  and  spring,  committed  many 
depredations  upon  the  persons  and  property  of  our  citi- 
zens. A  large  portion  of  the  Executive  correspondence 
on  this  subject  is  herewith  submitted  to  the  Legislature, 
and  will  exhibit  a  full  and  fair  history  of  the  transactions 
in  relation  thereto,  as  also  the  views  and  opinions  of  the 
Executive  branch  of  the  Federal  Government  upon  the 
subject.  These  documents  will  vindicate  the  Executive 
of  Georgia  from  the  many  misrepresentations  which  have 
been  propagated  by  selfish  and  malicious  individuals,  who 
seem  to  have  been  disposed  to  mislead,  as  well  as  mis- 
represent the  Executive. 

The  documents  accompanying  this  message  will  fur- 
nish the  Legislature  with  detailed  information  upon  every 
subject  connected  with  our  Indian  relations,  and  will  aid 
that  branch  of  the  Government  in  the  adoption  of  such 
measures  as  the  present  state  of  things  may  seem  to  re- 
quire. No  reasonable  hope  can  be  indulged  of  the  im- 
provement of  the  condition  of  the  aboriginal  race  while 
they  remain  in  the  midst  of  a  white  population.  Their 
emigration  to  the  West  opens  the  only  door  of  refuge ; 
and  the  whole  energies  of  the  Federal  and  State  Govern- 
ments should  be  zealously  directed  to  that  object.  These 
remnant  tribes  have  lost  almost  every  vestige  of  national 
character,  and  it  is  altogether  preposterous  to  consider 
or  treat  with  them  as  independent  nations  of  people.  Such 
pretence  will  be  viewed  by  the  impartial  eye  of  posterity 
as  a  mere  farce:  they  are  in  reality,  at  this  time,  nothing 
but  the  feeble  conquered  remnants  of  a  once  mighty  race, 
altogether  dependent  upon  the  powers  which  have  super- 
seded them.  They  have,  however,  high  claims  upon  the 
people  who  have  supplanted  them,  and  should  be  treated 
as  children,  or  minors,  who  are  incapable  of  protecting 
their  own  rights  and  interests,  and  consequently  entitled 
to  the  kindness  and  liberal  protection  of  the  Government. 


l68  REMOVAL  OF  THE  CHEROKEE 

I  herewith  lay  before  the  Legislature  the  report  of  the 
Committee  of  the  last  General  Assembly  upon  the  sub- 
ject of  the  condition  of  the  Farmers'  Bank  of  Chattahoo- 
chee, together  with  the  evidence  taken  by  the  Committee, 
and  transmitted  with  their  report  to  this  department.  It 
will  be  seen,  by  reference  to  the  resolution  under  which 
the  committee  acted,  that  the  object  of  the  investigation 
was  to  ascertain  whether  the  Bank  had  been  so  managed 
as  to  incur  the  forfeiture  of  its  charter.  Upon  this  point 
the  Committee  decline  any  direct  expression  of  opinion, 
while,  upon  the  face  of  the  report,  the  opinion  is  obviously 
intimated  that  the  Bank  has  violated  some  of  the  provis- 
ions of  its  charter.  After  the  most  careful  and  patient 
examination,  the  report,  to  my  mind,  reflects  a  degree  of 
censure  which  may  very  naturally  arise  from  the  exhi- 
bition of  the  evidence  presented  to  the  Committee,  going 
to  sustain  the  charge  of  indiscrete  conduct  on  the  part  of 
the  managers  of  the  Bank ;  but  whether  these  admitted 
indiscretions  amount  to  a  forfeiture  of  the  charter  is  a 
question  that  admits  of  doubt.  I  have  therefore  declined 
ordering  a  scire  facias  to  be  issued  against  the  Bank,  and 
submit  the  whole  subject  to  the  consideration  of  the  Leg- 
islature. A  course  of  forbearance  has  been  pursued  to- 
wards this  Bank,  from  pubUc  considerations  deeply  in- 
teresting to  the  community,  and  not  from  a  disposition 
on  my  part  to  screen  such  institutions  from  just  legal 
scrutiny. 

Francis  H.  Cone  and  William  W.  Gordon,  Esqs.,  were 
the  counsel  appointed  by  the  Executive  to  assist  the  At- 
torney General  in  prosecuting  the  scire  facias  against  the 
Merchants  and  Planters  Bank  of  Augusta.  These  gentle- 
men have  discharged  the  duties  of  their  appointment,  not 
only  to  the  entire  satisfaction  of  the  Executive,  but  with 
an  ability  which  has  attracted  the  attention  and  com- 
manded the  unqualified  commendation  of  the  most  en- 
lightened gentlemen  of  their  profession.  The  Legisla- 
ture having  omitted  to  provide  the  compensation  for  these 
services,  and  the  Executive  entertaining  some  doubt  of 
the  expediency  of  making  such  a  draft  upon  the  conting- 
ent fund,  these  gentlemen  have  not  been  paid,  and  should 
be  provided  for  at  an  early  day  of  the  present  session. 

Copies  of  the  semi-annual  reports  made  to  this  de- 
partment from  the  several  banks  of  this  State,  in  terms 
of  the  law,  are  herewith  submitted  to  the  General  Assem- 
bly. The  annual  report  of  the  Central  Bank  of  Georgia 
is  also  herewith  submitted. 


INDIANS    FROM    GEORGIA.  169 

Under  the  authority  of  a  joint  resolution  of  the  last 
General  Assembly,  Matthew  St.  Clair  Clarke,  Esq.,  of 
Washington,  has  been  appointed  agent  to  prosecute  the 
claim  of  the  State  of  Georgia  against  the  United  States, 
for  services  rendered  and  money  expended  during  the 
Revolutionary  War;  and  I  have  entire  confidence  that  he 
will  discharge  his  duty  with  ability  and  fidelit)-  to  the  in- 
terest of  the  State.  The  claim  is  now  pending  before 
Congress,  and  will,  I  presume,  receive  that  favorable  con- 
sideration which  the  justice  of  it  may  appear  to  demand. 

Sometime  in  the  month  of  December  last  a  corres- 
pondence was  opened  with  me  by  the  Secretary  of  the 
War,  under  the  direction  of  the  President  of  the  United 
States,  on  the  subject  of  the  claims  of  the  citizens  of  Geor- 
gia, under  the  Creek  Treaty  of  1821,  and  the  late  act  of 
Congress  on  that  subject ;  which  correspondence  resulted 
in  obtaining  my  assent  to  have  the  whole  business  of  car- 
rying said  act  into  effect  confided  to  my  superintendence, 
judgment  and  discretion.  Consequently,  the  papers  and 
the  unexpended  balance  of  the  fund  set  apart  by  the  Treaty 
referred  to  were  forwarded  to,  and  received  at,  this  de- 
partment ;  and  the  money  (one  hundred  and  forty-one 
thousand  and  fifty-five  dollars  and  ninety-one  cents)  has 
been  deposited  in  the  Central  Bank,  subject  to  the  order 
of  the  Governor  of  this  State.  Great  care  has  been  taken 
to  give  full  and  ample  notice  to  all  claimants  to  present 
their  claims ;  and  it  is  believed  most  of  them  have  availed 
themselves  of  the  opportunity  afforded.  It  was  necessary, 
as  I  had  informed  the  President  it  would  be,  to  appoint 
a  highly  qualified  Commissioner  to  examine,  adjust  and 
determine  on  these  claims,  under  my  immediate  superin- 
tendence, and  subject  to  my  revision.  John  A.  Cuthbert, 
Esquire,  the  gentleman  selected,  I  am  gratified  to  state, 
has  discharged  the  duties  confided  to  him  with  an  ability 
and  accuracy  which  cannot  fail  to  give  as  general  satis- 
faction as  could  reasonably  have  been  expected  in  the 
adjustment  of  these  long  standing  and  complicated  claims. 
Thus,  this  long  delayed  interest  of  an  unfortunate  portion 
of  our  fellow  citizens  is  now  brought  to  a  final  and,  I  trust, 
satisfactory  close,  and  many  of  them  have  already  received 
the  money  allowed  upon  their  claims.  I  feel  amply  re- 
warded for  the  voluntary  labor  I  have  devoted  to  this 
business,  under  the  belief  that  useful  service  has  been 
gratuitously  rendered  to  a  portion  of  my  constituents 
which  could  not  be  exacted  from  my  present  official  ob- 
ligations. 


I70  REMOVAL  OF  THE  CHEROKEE 

The  Rev.  Elijah  Sinclair  was  appointed  Commissioner, 
under  the  provisions  of  a  resolution  of  the  last  Legisla- 
ture, to  apply  the  fund  appropriated  for  the  education  of 
the  indigent  deaf  and  dumb  in  this  State.  Mr.  Sinclair, 
in  the  discharge  of  his  duty,  has  not  only  complied  with 
the  requirements  of  the  resolution,  but  has  manifested 
much  zeal,  prudence  and  thoughtful  forecast  in  the  ful- 
filment of  his  undertaking.  The  report  of  his  proceedings 
will,  I  am  informed,  be  laid  before  the  Legislature  within 
a  few  days.  The  compensation  of  the  Commissioner  will 
devolve  on  the  present  General  Assembly,  as  it  has  not 
heretofore  been  provided  for ;  and  permit  me  to  add  that 
Mr.  Sinclair  is  entitled  to  that  liberal  consideration  which 
attaches  to  a  disinterested  and  faithful  discharge  of  pub- 
lic duty.  The  action  of  the  last  General  Assembly  upon 
this  subject  being  viewed  in  the  nature  of  an  experiment, 
it  will  be  a  question  for  the  consideration  of  this  Legis- 
lature whether  the  liberal  views  then  entertained  in  rela- 
tion to  this  unfortunate  class  of  our  community  shall  be 
sustained  by  further  and  appropriate  legislation.  From 
the  success  which  has  attended  the  labors  of  the  Com- 
missioner during  the  past  year,  and  from  the  lively  inter- 
est which  seems  to  have  been  excited  among  the  people 
by  what  has  already  been  done,  no  doubt  is  entertained 
of  the  accomplishment  of  all  the  benevolent  purposes  con- 
templated by  the  Legislature,  if  the  adequate  means  are 
provided.  Relying  upon  the  intelligence  and  fidelity  of 
the  Commissioner  for  furnishing  such  information  as  may 
enable  the  General  Assembly  to  act  advisedly  upon  this 
subject,  I  would  simply  add  my  earnest  recommendation 
that  liberal  provision  be  made  for  the  permanent  support 
of  this  humane  and  benevolent  object. 

With  a  view  to  carry  into  effect  the  intentions  of  the 
last  Legislature  in  putting  an  addition  to  the  south  end 
of  the  State  House,  to  correspond  with  that  of  the  north, 
and  for  which  purpose  the  sum  of  twelve  thousand  five 
hundred  dollars  was  appropriated,  a  contract  has  been 
entered  into  with  competent  and  responsible  mechanics, 
and  the  work  is  now  in  progress.  At  the  time,  however, 
of  making  the  contract,  it  was  expected  the  work  would 
have  been  completed  during  the  present  year,  and  it  is 
still  believed  that  the  failure  is,  in  some  degree,  justly  at- 
tributable to  the  want  of  fidelity  on  the  part  of  the  con- 
tractors in  the  fulfilment  of  their  engagements.  The  terms 
of  the  contract  will,  however,  secure  the  interests  of  the 
State,  as  the  undertakers  have  no  right  to  claim  payment 


INDIANS    FROM    GEORGIA.  iji 

for  any  part  of  the  labor  until  the  whole  is  completed; 
and  no  advances  have  been  made  to  them,  except  for  the 
purchase  of  materials  to  carry  on  the  building.  The  whole 
subject  will  be  fully  explained  by  the  correspondence  and 
documents  herewith  submitted. 

In  compliance  with  the  request,  and  under  the  author- 
ity of  the  last  Legislature,  I  have  caused  to  be  enclosed 
in  an  appropriate  manner,  the  graves  of  the  Honorable 
Jonathan  Lewis,  late  Senator  from  the  county  of  Burke, 
McLin  Lunday,  Esquire,  late  a  Representative  from  the 
county  of  Screven,  and  Aaron  Jones,  Esquire,  late  Repre- 
sentative from  the  county  of  Lee,  who  died  durinr^  the 
session  of  the  last  General  Assemblv. 

The  various  duties  assigned  to  the  Governor,  by  the 
resolution  of  the  last  Legislature,  in  order  to  prevent  the 
spread  of  the  smallpox  in  this  State,  have  been  discharg- 
ed, and  the  expenses  incurred  in  the  several  counties  af- 
flicted by  the  visitation  of  this  malady  have  been  defrayed 
from  the  contingent  fund,  as  directed  by  said  resolution. 
The  reports  of  the  keepers  of  the  public  arsenals  at 
Milledgeville  and  Savannah  are  herewith  transmitted,  and 
will  show  the  number  and  condition  of  the  public  arms 
at  those  places  respectively.  The  report  of  the  Commit- 
tee, appointed  under  the  resolution  of  the  la^t  Legisla- 
ture to  examine  into  the  condition  of  the  arsenal  at  Sa- 
vannah, is  also  herewith  submitted. 

In  compliance  with  the  resolution  of  the  last  General 
Assembly,  I  have,  through  the  agencv  of  Francis  M. 
Stone,  Esq.,  of  Savannah,  contracted  for  a  number  of 
cartridce  boxes,  bayonet  scabbards,  and  belts,  sufficient 
to  make  complete  sets  of  accoutrements  for  three  thou- 
sand muskets  in  the  public  Arsenal  at  Milledgeville,  and 
also  for  the  supply  of  similar  deficiencies  in  the  Arsen-1 
at  Savannah.  I  have  not  yet  been  advised  of  the  recep- 
tion of  these  articles  ;  they  are,  however,  dailv  expected. 
Three  hundred  and  seventy-one  defective  muskets,  in  the 
Arsenal  at  this  place,  and  six  hundred  and  six,  in  the  Ar- 
senal at  Savannah,  have  been  repaired  and  put  in  good 
order,  which  cost  the  State  the  aggregate  sum  of  five 
hundred  and  sixty-one  dollars  and  thirty-five  cents. 

In  the  month  of  May  last  I  was  notified  bv  the  Ord- 
nance Department  of  the  United  States  that,' under  the 
act  of  Congress  of  eighteen  hundred  and  eight,  for  the 
arming  the  militia,  &c..  there  was  due  this  State,  up  to 
January  last,  a  quota  of  arms  equal  in  value  to  two  thou- 
sand and  nine  and  ^.-i.^  muskets,  which  I  directed  should 


172  REMOVAL  OF  THE  CHEROKEE 

be  paid  to  the  State  in  the  article  of  good  muskets,  with 
the  necessary  accoutrements,  and  have  caused  them  to  be 
delivered  at  the  Arsenal  in  the  city  of  Savannah. 

The  glaring  defects  of  our  militia  system  having  been 
so  often  brought  to  the  consideration  of  the  Legislature 
by  the  Executive  branch  of  the  Government,  and  its  total 
inadequacy  to  subserve  the  important  object  for  which  it 
was  originally  designed,  being  so  universally  admitted,  it 
would  seem  strange  that  the  statesman  and  patriot  should 
any  longer  slumber  over  this  vital  subject.  To  abandon 
the  system  entirely  would  make  us  dependent  for  defence 
against  foreign  or  domestic  foes  upon  a  standing  arrhy, 
which  has  always  been  justly  considered  of  dangerous 
tendency  to  republics,  and  is  wholly  contrary  to  the  spirit 
of  our  institutions.  We  should  never  lose  sight  of  our 
sure  defence,  the  militia,  but  cherish  it  with  care,  and  en- 
deavor to  improve  it  by  all  practicable  means,  so  as  to 
take  from  it  that  reproach  and  ridicule  under  which  it  is 
now  laboring.  Our  present  militia  musters  are  believed 
to  be  worse  than  useless — improving  neither  ofificers  nor 
privates  in  military  science,  but.  on  the  contrary,  tending 
to  demoralize  the  connnunity,  and  become  an  actual  waste 
of  time  to  many  of  those  who  have  to  rely  on  their  labors 
for  subsistence.  It  is,  therefore,  believed  to  be  a  duty 
incumbent  on  the  present  Legislature  to  devise  a  system 
which  may  obviate  the  existing  evils,  and,  at  the  same 
time,  preserve  in  full  vigor  the  well  established  republi- 
can doctrine  that  the  militia  is  the  sure  defence  of  equal 
rights,  and  regulated  liberty.  Permit  me  to  add  the  abid- 
ing conviction  resting  on  my  mind,  that  the  best  plan 
for  effecting  the  object  is  by  voluntary  associations,  pro- 
vided for  and  sustained  by  appropriate  legislation. 

In  pursuance  of  the  provisions  of  the  resolution  of  the 
General  Assemblv,  approved  24th  Dec,  1831,  Francis  M. 
Stone,  Esq.,  of  Savannah,  was  appointed  and  instructed 
to  sell  certain  magazines  in  that  city,  erected  during  the 
last  war  on  land  not  owned  by  the  State. 

While  in  the  performance  of  this  duty,  the  agent  was 
notified  by  the  city  authorities  to  retain  the  proceeds  of 
the  sale  to  which  they  had  interposed  a  claim.  Thus,  the 
settlement  of  this  business  has  been  protracted  for  several 
years,  and  it  was  not  until  after  I  had  transmitted  my  last 
annual  message  to  the  Legislature  that  I  was  notified  of 
the  abandonment  of  said  claim.     Since  then  the  agent  has 


INDIANS    FROM    GEORGIA.  173 

reported  the  gross  sale,  amounting  to  three  hundred  and 
sixty-nine  dollars  and  four  cents,  and  has  transmitted  to 
this  department,  in  two  payments,  the  aggregate  sum  of 
three  hundred  and  sixty  dollars  and  seventy-nine  cents, 
which  has  been  paid  over  to  the  Treasurer,  whose  receipts 
for  the  same  are  filed  in  this  department. 

At  the  sale  of  the  public  hands,  in  the  year  1834,  eight 
of  the  number  were  missing,  as  stated  in  my  last  annual 
message.  In  view  of  the  difficulty  and  expense  of  recov- 
ering these  fugitive  slaves,  it  was  believed  that  the  net 
profits  arising  from  the  sale  would  be  very  inconsider- 
able ;  but  it  will  be  seen  by  reference  to  the  report  of  the 
agent,  Francis  M.  Stone,  Esquire,  who  was  appointed  to 
have  them  apprehended  and  sold,  that  they  have  all  been 
regained  and  disposed  of,  on  terms  highly  advantageous 
to  the  State.  The  gross  amount  of  sales  is  stated  at  three 
thousand  and  forty  dollars ;  and,  after  paying  the  inciden- 
tal expenses,  the  balance,  two  thousand  six  hundred  and 
fifty-four  dollars  and  thirty-six  cents,  has  been  paid  over 
to  the  Central  Bank,  in  terms  of  the  law.  The  agent 
merits  the  public  approbation  for  the  diligence  and  promp- 
titude manifested  in  the  settlement  of  this  troublesome 
business. 

During  the  present  year  another  of  the  public  hands 
has  been  recovered,  who  had  been  missing  for  several 
years,  and  who  was  supposed  to  be  lost  to  the  State.  This 
fugitive  slave  was  found  to  be  confined  in  jail  in  the  State 
of  North  Carolina,  where  an  agent  was  sent,  who  was 
able  to  identify  him,  with  instructions  to  dispose  of  him 
to  the  best  advantage.  The  agent  effected  a  sale  at  the 
price  of  five  hundred  and  fifty  dollars  ;  and,  after  deduct- 
ing the  sum  of  two  hundred  and  seventy-three  dollars 
and  sixty-five  cents,  the  amount  of  expense  incurred,  the 
balance  has  been  paid  over  to  the  Central  Bank. 

In  conpliance  with  the  provisions  of  the  act  of  22d  De- 
cember, 1834,  sale  has  been  made  of  the  State's  interest 
in  the  lot  of  land  therein  designated,  to  Faris  Carter,  for 
the  sum  of  three  hundred  dollars ;  one-fifth  of  which  has 
been  paid  in  at  the  Treasury,  and  the  balance  settled  by 
note  at  the  Central  Bank,  as  directed  by  said  act. 

In  addition  to  the  amount  of  notes  reported  for  rent 
of  fractions  in  the  Cherokee  territory,  in  1832  and  in  1833, 
and  which  have  heretofore  been  turned  over  to  the  Cen- 
tral Bank,  as  directed  by  the  Legislature,  the  renting 
agent  has,  during  the  past  year,  reported  other  notes, 
taken  as  aforesaid,  to  the  amount  of    two    hundred    and 


174  REMOVAL  OF  THE  CHEROKEE 

eighty-eight  dollars ;  which  notes  have  been  disposed  of  in 
the  same  manner.  The  report  of  the  agent,  herewith  sub- 
mitted, will  satisfactorily  explain  tlie  cause  of  the  delay 
in  returning  said  notes. 

By  the  terms  of  the  loan  granted  to  the  authorities  of 
the  town  of  Columbus,  by  the  act  of  1831,  for  the  pur- 
pose of  erecting  a  bridge  across  the  Chattahoochee  river 
at  that  place,  the  indulgence  given  becomes  forfeited  by 
the  failure  to  pay  any  of  the  instalments  as  they  become 
due.  The  first  irstalment,  falling  due  on  the  first  of  Jan- 
uary last,  not  h  ving  been  promptly  met,  it  was  consid- 
ered that  the  C  mmissioners  had  incurred  an  obligation 
to  discharge  the  whole  debt  from  which  it  was  not  in  the 
power  of  the  E.^;  cutive  to  relieve  them  ;  but  upon  the  ap- 
plication of  the  tntendant  tendering  the  payment  of  said 
instalment,  I  co!'sented  to  receive  any  payment  the  Com- 
missioners might  think  proper  to  make  upon  the  debt ; 
leaving  open  the  question  of  the  forfeiture  and  its  en- 
forcement for  the  consideration  of  the  Legislature.  Ac- 
cordingly, there  has  been  paid  in  at  the  Treasury,  on  said 
loan,  the  sum  of  five  thousand  one  hundred  and  forty- 
three  dollars  and  twenty  cents,  which  has  been  entered 
as  a  credit  on  the  bond  of  the  Commissioners,  now  on 
file  in  this  ofifice.  The  papers  herewith  submitted  will  ex- 
plain the  manner  in  which  this  business  has  been  trans- 
acted. 

A  list  of  executive  warrants  drawn  on  the  Treasury 
during  the  past  political  year  is  herewith  submitted ;  also 
a  statement  of  the  disbursing  secretary  of  this  department, 
exhibiting  tlie  unexpended  balance  of  the  fund  appropri- 
ated for  furnishing  the  Government  House,  and  keeping 
in  repair  the  lot  and  improvements  appertaining  thereto; 
which  balance  has  been  placed  in  the  Central  Bank,  sub- 
ject to  the  order  of  my  successor. 

In  submitting  the  reports  of  the  Inspectors  and  Prin- 
cipal Keeper  of  the  Penitentiary  to  the  General  Assembly, 
it  affords  me  much  satisfaction  to  remark  that  the  im- 
proved management  and  discipline  of  our  State  Prison 
affords  sufficient  inducement  to  the  friends  of  the  system 
to  persevere  in  sustaining  it,  with  a  view  to  the  highest 
ultimate  state  of  improvement  which  may  be  attainable. 
Various  causes  have  conspired  during  the  past  political 
year  to  retard  the  successful  operations  of  the  institution. 
The  extraordinary  cold  winter,  the  occurrence  of  the 
smallpox  in  this  town,  the  unusual  degree  of  sickness 
which  has  prevailed,  md  the  discharge  of  manv  of  the  best 


INDIANS    FROM    GEORGIA. 


175 


workmen,  whose  terms  of  service  have  expired,  have  pro- 
duced a  direct  and  unavoidable  effect  upon  the  fiscal  in- 
terests of  the  institution ;  nevertheless,  it  will  be  seen  that 
the  business  of  the  year  will  give  a  small  balance  in  favor 
of  the  institution,  after  defraying  the  whole  of  the  ordin- 
ary and  current  expenses  of  the  year.  The  detailed  re- 
ports of  the  officers  hereinbefore  referred  to  furnish  all 
the  necessary  information  which  is  requisite  to  the  forma- 
tion of  correct  opinions  in  regard  to  the  management  and 
the  further  legislation  which  may  be  necessary  to  advance 
the  interest  of  the  institution. 

I  herewith  transmit  to  the  General  Assembly  an  ex- 
emplification of  the  records  of  the  Superior  Court  of 
Chatham  County,  setting  forth  the  conviction  of  George 
R.  Harding,  of  the  crime  of  murder,  accompanied  by  the 
evidence  taken  on  the  trial,  and  a  petition  of  sundry  citi- 
zens of  said  County,  praying  the  suspension  of  the  execu- 
tion, in  order  that  the  case  might  be  brought  to  the  con- 
sideration of  the  present  Legislature.  The  day  assigned 
for  the  execution  of  this  unfortunate  individual  was  the 
31st  day  of  July  last;  and  by  the  respite  which  has  been 
granted  the  execution  is  postponed  until  the  fourth  of 
December  next,  to  allow  ample  time  for  the  action  of  the 
Legislature,  to  whose  deliberate  consideration  the  cause 
is  submitted. 

I  have  received  official  and  satisfactory  information, 
copies  of  which  I  herewith  lay  before  the  General  Assem- 
bly, that  the  Commissioners  under  the  charter  of  the 
"Monroe  Railroad  Company"  have  not  only  opened  books 
of  subscription  for  stock  in  said  road,  but  that  the  sum 
of  two  hundred  thousand  dollars,  being  the  whole  of  the 
stock  authorized  by  law,  has  been  taken  up ;  and  that  the 
sum  of  five  dollars  on  each  share  of  one  hundred  dollars 
has  been  actually  paid  bv  the  stockholders,  and  deposited 
in  the  Central  Bank  by  the  Commissioners,  in  conformitv 
with  the  requirements  of  the  act  granting  the  charter. 

On  examining  the  charter,  it  will  be  seen  that  the  ex- 
clusive privileges  secured  to  the  Company  were  mad-^  de- 
pendent on  the  subscription  of  one  thousand  shares  of 
the  stock,  before  the  meeting  of  the  General  Assembly 
of  1834,  and  on  the  commencement  of  the  work  before 
the  expiration  of  one  year  thereafter.  The  Company  hav- 
ing failed  to  comply  with  the  foregoing  conditions,  the 
stockholders  are  now  forever  barred  from  availing  them- 
selves of  the  privileges  of  the  charter,  without  legislative 
interposition.     Under  all  the   circumstances,   I  would   re- 


176  REMOVAL  OF  THE  CHEROKEB 

spectfully  recommend  to  the  General  Assembly  such  leg- 
islation as  shall  reinstate  the  stockholders  in  all  the  priv- 
ileges and  immunities  to  which  they  would  have  been  en- 
titled provided  the  stock  had  been  taken,  and  the  work 
had  been  commenced  according  to  the  provision  of  the 
charter. 

Thomas  Spalding,  Esq.,  in  conformity  with  the  re- 
quirements of  the  acts  of  the  General  Assembly,  grant- 
ing him  and  his  associates  the  privilege  of  constructing, 
a  railroad  from  the  Ocmulgee  to  the  Flint  river,  has  de- 
posited in  the  Executive  office  a  detailed  report  of  the 
survey  of  said  route,  together  with  a  highly  finished  chart 
of  the  same ;  and  a  printed  copy  of  said  report  is  here- 
with transmitted  to  the  Legislature. 

This  laudable  enterprise  of  one  of  our  most  enlight- 
ened citizens  to  connect,  by  direct  communication,  the 
waters  of  the  Atlantic  and  the  Gulf  of  Mexico,  is  entitled 
to  the  favorable  consideration  of  the  people  of  Georgia, 
and  their  representatives. 

I  would  most  respectfully  and  earnestly  invite  the  at- 
tention of  the  General  Assembly  to  the  contents  of  a  pam- 
phlet which  I  lay  before  the  House  of  Representatives,, 
on  the  subject  of  a  contemplated  railroad  from  the  valley 
of  the  Ohio  river  to  the  Atlantic  coasts  of  Georgia  and 
the  Carolinas.  A  deliberate  consideration  of  the  docu- 
ments which  compose  this  pamphlet  will  not  fail  to  im- 
press the  comprehensive  mind  with  the  great  importance 
of  the  subject.  Georgia,  the  two  CaroHnas,  Ohio,  Ten- 
nessee, Kentucky,  Virg-inia,  and  Indiana  are  the  States 
most  deeply  interested  in  the  project,  while  its  consum- 
mation could  not  fail  to  extend  benefits  to  every  part  of 
our  continent,  East  and  West,  North  and  South.  The 
extent  of  this  inland  communication,  from  North  to  South, 
through  the  centre  of  the  United  States,  would  compre- 
hend at  least  fifteen  degrees  of  latitude,  and  could  only 
be  compared  with  that  established  by  the  Mississippi  river 
itself.  At  least  half  the  population  of  the  Union,  compre- 
hended in  whole  or  in  part,  residing  in  Florida,  Georgia, 
the  Carolinas,  Virginia,  Pennsylvania,  Kentucky,  Ohio, 
Michigan,  Indiana,  Illinois  and  Missouri  are  interested  in 
the  completion  of  a  railroad  from  Cincinnati,  in  Ohio,  to 
the  Atlantic  coast,  and  would  immediately  participate  in 
its  advantages.  This  line  of  communication,  connected 
as  it  is,  and  would  be,  with  the  other  public  works  of  the 
States,  from  the  Atlantic  Ocean  to  the  great  northern 
lakes,    establishing   a    direct    communication    through    all 


INDIANS   FROM    GEORGIA.  177 

the  varieties  of  climate,  soil  and  production  and  people 
of  the  United  States,  would  forever  stand  conspicuous 
among  the  public  works  of  the  Union,  both  in  a  commer- 
cial and  social  point  of  view.  Should  this  work  be  execut- 
ed, the  social,  political,  and  commercial  relations  between 
these  extreme  sections  of  the  North  and  South  would  in- 
stantly be  changed.  The  intercourse  thus  established 
would  be  unprecedented  in  these  United  States ;  we  should 
no  longer  be  strangers  and  aliens  to  our  brethren — Char- 
leston, Savannah  and  Augusta  would  be  brought  into  so- 
cial and  direct  intercourse  and  good  neighborhood  with 
Cincinnati,  Louisville,  Lexington,  &c. ;  the  people  of  the 
two  extreme  regions  would  every  summer  meet  together 
in  the  intervening  mountain  region  of  Georgia  and  the 
Carolinas  (one  of  the  most  delightful  climates  in  the 
world),  exchange  opinions,  compare  their  sentiments,  and 
blend  their  feelings,  the  North  and  the  South  would  shake 
hands  with  each  other  as  united  brethren,  yield  up  every 
sectional  and  political  prejudice,  pledge  themselves  to 
joint  objects  of  national  interests,  and  part  as  friends  and 
brethren,  devoted  to  the  Union  and  the  liberties  of  their 
common  country. 

The  important  objects  of  direct  inter-communication 
between  distant  communities  have  enlisted  the  talents  and 
enterprise  of  not  only  the  first  men  of  the  age,  but  whole 
communities,  composed  of  different  States  and  sections 
of  the  country,  are  moving  forward,  to  the  accomplish- 
ment of  the  most  splendid  works  of  internal  improve- 
ment. The  apathv  of  Georgia  on  this  deeply  interesting 
subject  is  pregnant  with  the  most  fatal  consequences  to 
the  present  and  future  interests  and  prosperity  of  the 
State.  _  The  geographical  position  of  Georgia  is  confident- 
ly believed  to  be  the  most  favorable  of  a'nv  State  in  the 
Union  to  participate  largely  in  all  the  benefits  of  the  splen- 
did projects  of  internal  improvement,  designed  to  effect 
a  direct  communication  between  the  Northwestern  and 
Southern  Atlantic  sections  of  our  Union.  Our  State  has 
a_  most  extensive  maritime  coast  on  the  Atlantic,  with  va- 
rious rivers,  inlets  and  harbors,  possessing  all  the  neces- 
sary advantages  for  the  most  extensive  commerce.  More- 
over, Georgia  is.  in  point  of  territory,  that  link  in  the  chain 
of  States  which  embraces  the  territorA-  through  which  the 
waters  flow,  both  into  the  Atlantic  and  the  Gulf  of  Mex- 
ico. As  regards  the  work  under  consideration  I  do  not 
entertain  the  shadow  of  a  doubt  in  regard  to  its  utility 
and  practicability:  and   I  am  equally  confident    that    the 


1 78  REMOVAL  OF  IHE  CHEROKEE; 

mountains  of  Georgia  afford  gaps  and  passways  for  the 
contemplated  railroad  far  more  favorable  than  any  of  her 
sister  States.  Admitting  the  great  object  of  the  contem- 
plated work  to  be  the  most  direct  communication  between 
Cincinnati  and  Charleston,  the  most  practicable  and  best 
route  will,  upon  a  scientific  examination,  be  found  to  in- 
tersect the  "Georgia  Railroad"  at  Athens,  in  this  State. 
And  shall  we,  the  people  of  Georgia,  under  all  these  cir- 
cumstances and  considerations,  stand  idle  "all  the  day 
long"  and  see  our  State  passed  by,  on  the  right  hand,  and 
on  the  left?  If  we  do  nothing  as  a  State,  shall  we  not 
encourage  and  aid  our  enterprising  citizens  who  have 
voluntarily  engaged  in  the  laudable  work  of  internal  im- 
provement? 

I  would  respectfully  recommend  to  the  General  As- 
sembly their  liberal  support  and  fostering  care  of  our 
State  University.  Franklin  College  is  based  upon  the 
Constitution  of  the  State,  and  should  continue  to  be  con- 
sidered the  foundation  of  the  literary  hope  and  pride  of 
the  people  of  Georgia.  Its  rising  prosperity  and  utility 
are  every  year  more  clearly  developed  in  the  various  avo- 
cations of  life  throughout  our  State.  This  important  in- 
stitution is  emphatically  the  people's  ;  it  is  under  the  con- 
trol of  no  religious  sect  or  political  party :  therefore,  the 
liberal  of  every  religious  denomination,  and  every  party 
in  politics,  are  invited  and  admonished  to  its  support  by 
every  consideration  of  enlightened  patriotism.  I  view  the 
voluntary  efforts  of  societies  and  individuals  to  establish 
literary  institutions  with  entire  approbation,  and  would 
recommend  the  protection  of  all  their  rights  and  privileges 
to  the  favorable  consideration  of  the  Legislature.  But  I 
am  not  prepared  to  admit  the  opinion,  which  prevails  to 
some  considerable  extent,  and  which  is  probably  gaining 
ground  in  our  community,  that  literary  institutions  are 
productive  of  the  greatest  good  when  under  the  exclusive 
and  undivided  control  and  management  of  a  religious  sect 
or  denomination.  In  a  free  government,  where  liberty  is 
regulated  by  law,  and  where  religion  is  regulated  by  the 
enlightened  consciences  of  men,  unshackled  by  religious 
establishments,  the  important  subject  of  college  education 
forces  itself  upon  the  consideration  of  the  whole  commun- 
ity, and  should  never  be  surrendered  by  the  agents  who 
administer  such  a  government  to  the  safe  keeping  of  any 
sect  or  party. 

I  consider  it  a  matter  of  growing  importance  to  the 
University  of  Georgia  that  its  library  should  be   greatly 


INDIANS    FROM    GEORGIA.  179 

extended  and  enlarged.  In  such  institutions  it  is  a  very 
desirable  object  that  the  student  who  is  in  pursuit  of  pro- 
found knowledge  in  any  branch  of  science  or  literature, 
in  all  the  vast  range  of  human  intellect,  should  have  ready 
access  to  all  those  treasures  of  knowledge  and  informa- 
tion which  have  been  arranged  and  compiled,  in  the  form 
of  books,  by  the  arduous  labors  of  preceding  ages.  Our 
present  College  library  is  exceedingly  limited,  when  com- 
pared with  the  collections  of  similar  institutions  of  high 
grade  or  standing.  We  are  particularly  deficient  in  works 
relating  to  the  early  history  of  our  own  country,  such  as 
should  be  found  in  every  college  library  in  America. 
From  the  best  information  which  I  have  been  able  to  ob- 
tain, many  of  the  most  valuable  and  rare  works  connected 
with  the  history  of  our  own  country  are  now  nearly  out 
of  print,  and  can  only  be  obtained  in  England,  by  diligence 
and  research.  If  one  of  the  prominent  officers  of  our  Col- 
lege could  be  permitted  to  visit  London,  for  the  purpose 
of  purchasing  and  making  arrangements  for  the  purchase 
of  such  books  as  might  be  considered  most  useful  to  the 
College — and,  most  particularly,  for  the  purpose  of  pro- 
curing the  colonial  records  and  other  information  neces- 
sary to  a  complete  history  of  our  own  State — the  object 
is  believed  to  be  of  sufficient  magnitude  and  interest  to 
the  people  of  Georgia  to  justify  the  Legislature  in  making 
the  necessary  appropriation  to  defray  the  incidental  ex- 
penses. 

The  important  subjects  of  public  education,  internal 
improvement,  banking  institutions,  and  other  leading  in- 
terests of  society,  will  continue  to  claim,  and  I  trust  con- 
tinue to  receive,  the  most  deliberate  consideration  of  the 
General  Assembly.  My  views  and  special  recommenda- 
tions upon  these  various  branches  of  public  interest  have 
been  so  fully  and  repeatedly  pressed  upon  the  attention 
of  the  Legislature  that  I  have  not,  on  the  present  occa- 
sion, deemed  it  necessary  or  expedient  to  consume  much 
of  your  time  with  a  view  of  further  impressing  my  well- 
known  and  unchanged  opinions  upon  these  several  sub- 
jects. 

Fellow  citizens,  in  this,  my  closing  message  to  the 
Legislature  of  Georgia,  I  could  indulge  in  the  expression  of 
my  unmingled  joy  and  gratitude  to  the  God  of  Nations 
for  the  unsurpassed  prosperity  of  our  common  country — 
and  especially  that  portion  which  it  is  our  good  fortune  to 
inhabit — but  for  the  signs  of  discord,  agitation  and  strife, 
which  so  repeatedlv  disturb  our  quiet,  portending  gather- 


l8o  REMOVAL  OF  IHE  CHEROKEE 

ing  Storms  that  threaten  to  rend  the  hearts  of  the  friends 
of  liberty  throughout  the  world.  The  various  public  meet- 
ings, actings,  and  doings  of  the  citizens  of  this  Republic, 
in  every  direction,  have  too  often  indicated  a  spirit  of  rest- 
lessness and  disquietude  which  cannot  be  contemplated 
by  the  friends  of  liberty  and  union  with  perfect  composure 
and  tranquillity.  Our  rights  as  a  people  have  been  well 
defined  in  the  written  constitutions  of  our  country.  We 
have  not  been  left  to  the  guidance  of  our  own  vague  no- 
tions of  natural  law  in  the  regulation  of  our  conduct  as  a 
political  community :  our  laws  emanate  from  the  only 
legitimate  source  of  sovereign  power,  the  people ;  there- 
fore, if  they  be  defective,  unjust  or  oppressive,  let  us 
amend  and  change  them.  We  ought  to  be  extremely  cau- 
tious how  we  violate  regulations  of  our  own  formation 
and  choice,  so  long  as  we  hold  in  our  own  hands  the  un- 
questionable right  to  authorize  as  well  as  exercise  un- 
bounded political  power. 

Under  every  excitement,  the  Government  of  our  choice 
is  worthy  of  our  firm  support.  We  can  now  look  back 
upon  the  agitations  and  political  storms  that  arose  out  of 
the  Tarifif,  Internal  Improvement,  Indian  and  Bank  ques- 
tions, and  rejoice  that  these  dark  and  gloomy  days  have 
passed,  and  our  form  of  government  is  still  the  admiration 
of  the  civilized  world,  and  our  people  pre-eminent  in  hap- 
piness and  prosperity. 

Should  other  and  greater  tempests  arise,  if  controversy 
and  strife  must  come,  let  us  place  the  wrong  upon  the 
heads  of  others — b}-  a  strict  adherence  to  the  Constitution 
of  our  country.  Let  us  so  conduct  ourselves  that  the  laws 
of  nature  and  nature's  God  will  plead  our  cause  in  the 
dav  of  trial. 

WILSON  LUMPKIN. 


CHAPTER  \'III. 

Should  the  foregoing  pages  ever  be  read  and  duly  con- 
sidered by  inteUigent  persons  who  are  famiHar  with  the 
general  history  of  our  Government  from  the  formation  of 
the  Federal  Constitution,  they  will  find  ample  testimony 
in  the  official  documents  which  I  have  submitted  to  make 
up  a  correct  judgment  in  regard  to  my  political  life.  My 
opinions  upon  all  the  great  political  questions  which  have 
from  time  to  time  agitated  the  country  are  distinctly 
given  in  these  official  papers  of  record.  In  the  maturity 
of  manhood,  and  after  much  political  experience,  it  was 
my  lot  to  occupy  the  office  of  Chief  Magistrate  of  Geor- 
gia for  four  years ;  and  during  that  period  many  of  the 
most  important  questions  connected  with  the  history  of 
our  Government  were  at  their  zenith. 

The  relative  constitutional  rights  and  powers  of  the 
Federal  and  State  Governments  were  constantly  pressed, 
not  only  upon  my  consideration,  but  upon  my  official  ac- 
tion. I  entered  upon  the  duties  of  the  Executive  office 
resolved,  as  far  as  my  duties  were  involved  on  questions 
connected  with  the  constitutional  rights  of  Georgia,  to 
yield  nothing  to  Federal  usurpation  in  any  of  its  depart- 
ments. Moreover,  I  knew  that  my  views  in  regard  to  the 
management  of  our  then  existing  Indian  affairs  would  at 
once  bring  me  into  conflict  with  the  Supreme  Court  of 
the  United  States,  as  well  as  with  the  views  and  policy  of 
my  old  friend  General  Jackson,  then  President  of  the 
United  States ;  for  it  is  proper  here  to  state  that,  while 
General  Jackson  coincided  and  successfully  co-operated 
with  Georgia  in  getting  her  relieved  from  the  burthen  of 
her  Indian  population,  and  had  favored  all  my  Congress- 
ional efforts,  in  favor  of  Indian  emigration  to  the  West, 
and  indeed  entered  into  my  general  views  in  regard  to  In- 
dian policy,  yet  in  regard  to  surveying  and  settling  the 
unoccupied  lands  claimed  by  the  Cherokees  previous  to 
procuring  their  assent,  by  an  old-fashioned  treaty  with 
them,  he  was  utterly  opposed,  while  I  was  fully  convinced 
myself  that  such  a  treaty  could  never  be  procured  from 
the  Cherokees  so  long  as  they  remained  under  the  influ- 
ence of  a  numerous  host  of  selfish  feed  lawyers.   Northern 


l82  REMOVAL  OF  THE)  CHEROKEE 

fanatics  and  an  assuming  State  and  Federal  Judiciary 
combined  to  sustain  the  pretensions  of  Indian  sovereignty. 
Therefore,  regardless  of  the  opinions  of  religious  fanati- 
cism, of  selfish  and  corrupt  lawyers,  State  Judiciary,  or 
Supreme  Courts,  1  studied  well  the  rights  of  the 
State,  natural  law,  the  policy  and  history  of  the 
past,  the  present  condition  of  things,  and  marched  for- 
ward, as  the  records  of  the  country  will  prove,  to  triumph 
and  success,  against  an  opposition  unparalleled  in  our  his- 
tory. I  suffered  no  court  to  determine  for  me,  as  the 
Executive  of  Georgia,  what  were  my  constitutional  duties. 
I  felt  bound  by  my  oath  of  office  to  judge  for  myself  in 
regard  to  my  duty.  And  this  policy,  and  this  alone, 
brought  our  Indian  troubles  to  a  speedy  and  successful 
close — a  termination  so  advantageous  to  Georgia,  in  the 
speedy  development  of  all  her  great  natural  resources, 
the  great  increase  of  her  population,  wealth  and  prosper- 
ity. And  the  Cherokee  people  themselves  derived  even 
greater  benefits  from  this  policy.  They  escaped  from  a 
certain  destruction  which  was  rapidly  consuming  them. 
They  changed  a  land  of  affliction,  trouble  and  deep  distress 
for  a  country  far  better  suited  to  all  their  capacities  and 
necessities.  And  no  people  of  the  United  States  at  this 
day  would  probably  have  been  as  well  settled  in  the  en- 
joyment of  all  the  common  blessings  of  an  agricultural 
and  advancing  state  of  prosperity,  but  for  the  wicked,  sel- 
fish and  revengeful  ambition  of  John  Ross,  and  his  more 
despicable  white  co-operates,  who,  since  the  emigration 
of  the  Cherokees  to  the  West,  efifected  the  massacre  of 
the  Ridges,  Boudinot,  and  others  who  were  the  patriots 
and  best  men  of  the  Cherokee  people — men  of  elevated 
principles  and  lofty  character.  The  excitement  of  these 
scenes  has  now  long  passed.  I  review  them  with  calmness 
and  composure.  Complete  success  attended  all  my  ef- 
forts in  connection  with  these  scenes.  I  have  no  disap- 
pointments or  griefs  to  embitter  my  retrospect  in  connec- 
tion with  any  of  these  subjects.  But,  under  all  these  cir- 
cumstances, I  feel  it  to  be  my  duty  to  posterity  here  to 
record  that  I  have  never  known  or  read  of  any  exhibition 
of  human  depravity  or  turpitude  so  deeply  degrading  to 
human  character  as  the  conduct  of  many  of  those  who 
were  combined  together  to  prevent  the  Cherokees  from 
removing  from  Georgia — the  combination  of  lawyers  and 
politicians,  who  attempted  to  overturn  and  trample  on  the 
constituted  authorities  of  the  State.  They  first  consumed 
all  that  could  be  extracted  from   Ross  and  his  party,  in 


INDIANS    FROM    GEORGIA.  1B3 

the  way  of  fees  for  legal  services.  After  all  this,  under 
the  Cherokee  Treaty  of  1835,  they  presented  claims 
against  the  Cherokees,  amounting  in  the  aggregate  to 
about  one  hundred  and  fifty  thousand  dollars.  Of  these 
claims  they  were  allowed,  and  actually  received,  upwards 
of  $36,000,  although  every  sensible  man  in  the  country 
knew  that  they  had  been  nothing  but  an  unmitigated 
curse  to  the  Cherokee  people.  And  some  of  these  same 
lawyers  are  still  living  and  pressing  claims  before  Con- 
gress for  these  services  rendered  to  the  Cherokee  people  ; 
and  I  confess  I  have  strong  apprehensions  that  these  men, 
or  their  heirs,  will  persevere,  and  by  falsehood,  fraud  and 
corruption  yet  obtain  a  large  amount  of  the  wages  of  sin 
from  the  Government  of  the  United  States.  Their  per- 
severence  is  now  extending  beyond  the  generation  who 
witnessed  and  was  familiar  with  all  these  transactions. 
Ample  and  complete  means  for  the  refutation  of  all  these 
unjust  and  unrighteous  claims  may  be  found  on  the  rec- 
ords at  Washington,  filed  in  the  War  or  Indian  Depart- 
ment— unless  these  records  have,  by  dishonest  means, 
been  placed  out  of  the  reach  of  examination.  As  United 
States  Commissioner,  under  the  Cherokee  Treaty  of  1835, 
for  auditing  and  settling  all  claims  against  the  Cherokee 
people,  these  enormous  claims  of  lawyers,  amounting,  as 
before  stated,  to  $150,000,  were  presented  to  me.  I  refer- 
red them  to  the  Cherokee  Committee,  then  in  session,  as 
provided  for  by  said  Treaty,  to  investigate  all  such  claims 
(claims  thus  investigated  and  decided  on  by  the  Indian 
Committee  were  then  submitted  to  the  United  States 
Commissioners  for  their  revision,  approval  or  rejection). 
This  Indian  Committee  recommended  the  payment  of  cer- 
tain amounts  to  each  lawyer,  amounting  in  the  aggregate 
to  upwards  of  $36,000.  My  colleague,  Judge  Kennedy, 
and  myself  unitedly  believed  the  allo\Yance,  in  many  of 
these  cases,  was  larger  than  justice  demanded.  We  knew 
that  great  efforts  were  made  by  some  of  these  lawyers  to 
influence  the  Indian  Committee  to  liberality  in  their  favor, 
but,  under  all  the  circumstances,  my  colleague  and  myself 
finally  concluded  to  yield  something)-  of  our  opinions  to 
the  Cherokee  Committee,  in  the  hope  that  by  so  doino-  a 
final  settlement  would  be  made  of  a  class  of  claims  which, 
if  left  open,  might  afterwards  prove  harassing  to  the 
Cherokees,  as  well  as  to  the  Government.  Therefore, 
we  confirmed  the  proceedings  of  the  Indian  Committee, 
and  paid  these  lawyers  accordingly.  A  very  full  record 
of  all  the  proceedings  herein  referred  to  was  made   out, 


l84  REMOVAL  OF  THE  CHEROKEE 

recorded  and,  I  presume,  is  now  deposited  in  Washington. 
Upon  this  subject  I  retained  my  first  drafts  of  most 
of  the  official  decisions  and  papers,  and  therefore  am  not 
Hable  to  misapprehension. 

Upon  many  of  the  most  important  matters  connected 
with  my  official  acts  in  relation  to  Indian  affairs,  I  was 
the  more  guarded  to  preserve  official  and  record  evidence 
of  my  own  transactions,  from  a  full  sense  of  the  very  ex- 
tensive and  powerful  influence  against  which  I  had  to 
struggle  and  contend ;  and  I  am  now  more  particular  in 
recording  many  of  these  facts,  and  exercise  less  delicacy 
towards  some  other  individuals  than  I  could  be  induced, 
under  different  circumstances,  to  do,  because  I  deem  it 
necessary  to  the  defence  of  my  own  integrity  and  char- 
acter. 

My  every  official  act  of  importance  was  perverted  and 
misrepresented  from  day  to  day  by  much  the  larger  por- 
tion of  the  public  press  of  Georgia.  The  editorial  labors  of 
my  opponents  were  aided  and  strengthened  b}'  many  in- 
genious and  able  writers.  These  Georgia  efforts  were  re- 
published and  indorsed,  from  one  end  of  the  Union  to  the 
other,  by  all  those  presses  opposed  to  General  Jackson 
and  myself.  And  nothing  short  of  the  force  of  truth,  jus- 
tice, and  integrity  could  have  sustained  my  public  course, 
during  my  occupancy  of  the  Executive  chair  of  Georgia. 
I  beseech  the  rising  generation — all  who  may  survive  me 
— never  to  form  an  opinion  of  my  life  and  character  by 
anything  which  they  may  find  in  the  newspapers  of  that 
day — papers  established  and  sustained  for  the  express 
purpose  of  destroying  and  prostrating  my  public  and  po- 
litical reputation.  I  will  do  them  the  justice  to  say  that 
they  had  more  prudence  than  to  assail  my  moral  or  pri- 
vate character. 

Although  my  political  opponents  succeeded  in  mis- 
leading many  of  my  personal  friends  and  brethren  to  be- 
come my  political  opponents,  yet  even  these  misguided 
friends  would  not  sulTer  my  moral  character,  as  a  man 
or  a  citizen,  to  be  traduced  or  assailed.  I  will,  however, 
further  elucidate  this  subject  by  inserting  a  small  portion 
of  my  official  correspondence  while  I  occupied  the  Exec- 
utive chair  of  Georgia. 

This  correspondence  will  shed  light  on  the  course  pur- 
sued by  both  the  Federal  and  State  Judiciaries — by  judges, 
lawyers  and  politicians,  as  well  as  the  course  pursued  by 
myself — to  sustain  and  defend  the  laws  and  rights  of  the 
State.     Moreover,   I  will   submit    correspondence    which 


INDIANS    FROM    GEORGIA.  185 

will  exhibit  the  alarms  and  fears  entertained  by  many  of 
the  good  citizens  of  Georgia,  and  the  rash  and  unjustifi- 
able measures  which  they  were  induced  to  urge  upon  my 
favorable  consideration.  All  this  was  brought  about  by 
the  art  of  selfish  and  designing  men,  designed  to  mislead 
me,  and  injure  the  people  and  country.  In  order  to  un- 
derstand some  of  the  correspondence  proposed  to  be  sub- 
mitted, the  reader  must  understand  that,  under  the  pro- 
visions of  the  act  of  Congress,  passed  in  1830,  ample  pro- 
vision had  been  made  for  the  emigration  of  the  Cherokees 
to  the  West,  and  a  few  of  them  were  occasionally  availing 
themselves  of  that  provision. 

It  may  be  proper,  further,  to  state  that  the  policy  of 
keeping  up  a  military  guard  in  the  Cherokee  part  of  Geor- 
gia was  for  the  purpose  of  protecting  the  gold  mines  from 
the  depredations  of  all  sorts  of  intruders,  and  to  aid  the 
civil  authority  in  executing  and  enforcing  the  laws  of  the 
State,  and  to  aid  in  preserving  the  peace  of  the  country, 
which  was  found  to  be  indispensable  ;  and  was  therefore 
sustained  and  kept  up  by  appropriate  legislation,  during 
my  continuance  in  office.  Hence,  much  of  my  official  cor- 
respondence will  be  found  addressed  to  the  commanders 
of  these  guards,  and  to  other  agents  of  the  Government — 
State  and  Federal — and,  when  circumstances  required  it. 
to  other  individuals.  It  often  became  necessary  that  the 
policy  of  Georgia  should  be  defended,  even  to  the  extent 
that  she  was  assailed  and  caluminated ;  and  this  forced  the 
expediency  of  a  very  extended  correspondence  on  the 
then  Executive  of  Georgia. 

The  Executive  of  Georgia  was  constantly  importuned 
to  release  the  missionaries,  then  confined  in  the  Peniten- 
tiary under  the  laws  of  the  State.  This  importunity  was 
not  confined  to  the  good  missionary  spirit  of  the  land,  or 
to  the  women  and  children ;  but  many  of  the  most  dis- 
tinguished men,  and  from  every  section  of  the  country — 
including  the  President  of  the  United  States,  and  a  part 
of  his  Cabinet — united  in  this  general  importunity.  Well, 
let  facts  speak  for  themselves.  I  had  my  reasons  for  all 
my  disserts,  as  well  as  my  assents.     Let  posterity  decide. 

The  length  of  time  and  great  space  which  I  have  al- 
ready occupied,  and  shall  hereafter  occupy,  in  developing 
to  the  reader  my  public  connection  with  the  Indian  affairs 
of  the  country — extending  over  more  than  a  quarter  of 
a  century — and  the  extensive  documentary  evidence  of 
my  official  transactions  in  various  different  positions  may 
seem  to  require  an  apology.     All  that  I  have  to  oflfer  is 


i86  REMOVAL  OF  THE  CHEROKEE 

the  importance  of  the  subject.  The  time  will  come  when 
the  history  of  these  United  States,  in  connection  with  its 
Indian  policy,  will  be  considered  a  lit  theme  for  the  his- 
torian, the  philosopher,  and  the  Christian.  Moreover,  I 
continue  to  see,  up  to  the  present  day  (A'lay  ist,  1852), 
newspaper  articles,  letter  writers,  periodicals,  and  religous 
magazines,  filled  with  articles  calculated,  if  not  designed, 
to  falsify  all  the  truths  of  historic  facts  in  relation  to  Cher- 
okee history — more  especially,  everything  connected  with 
the  actings  and  doings  of  Georgia,  in  connection  with 
these  Indians.  These  publications  rarely  fail,  even  down 
to  the  present  day,  to  present  John  Ross  to  public  con- 
sideration as  the  great  Solon  of  the  age.  He  is  extolled 
for  his  meek  and  Christian  life  and  spirit,  as  well  as  his 
wisdom  and  righteous  rule  of  the  Cherokee  people ;  as  a 
disinterested  and  self-sacrificing  patriot ;  as  a  great  and 
good  man,  who  has  suffered  from  persecution  and  oppres- 
sion all  the  days  of  his  life. 

Now,  all  this  is  greatly  falsifying  and  perverting  the 
truths  of  history,  as  is  well  known  to  many  thousands  yet 
numbered  with  the  living.  John  Ross  is  the  son  of  Daniel 
Ross,  a  native  of  Scotland  who  emigrated  to  the  United 
States  previous  to  the  Revolutionary  War,  and  took  sides 
with  England  and  the  Indians  in  that  war,  and  at  its  close 
settled  amongst  the  Cherokees,  and  took  a  half-breed 
woman  for  his  wife,  by  whom  he  raised  a  family  of  chil- 
dren, sons  and  daughters,  John  among  the  former. 

The  father  of  John  Ross  was  a  very  shrewd  and  sensi- 
ble man,  of  good  education  and  very  extensive  general 
information.  He  had  a  small,  but  valuable,  collection  of 
books,  which  he  both  read  and  understood.  He  was  in 
easy  circumstances,  and  understood  the  Indian  character 
perfectly.  He  never  admired  the  free  institutions  of  the 
United  States,  but  retained  to  the  last  his  revolutionary 
prejudices  against  our  American  institutions.  He  edu- 
cated and  instructed  his  family  so  far  as  to  make  them 
decidedly  superior  amongst  the  Cherokee  people.  From 
my  first  acquaintance  with  John  Ross,  now  upwards  of 
thirty  years  ago,  I  was  sensible  of  his  superior  cultiva- 
tion, and  intellectual  advantages.  He  is  a  well  educated 
man — converses  well,  writes  well,  and  is  a  man  of  soft, 
easy,  gentlemanly  manners,  rather  retiring  and  reserved ; 
seldom  speaks  unadvisedly.  In  all  the  common  duties  and 
intercourse  of  life,  he  has  always  maintained  a  good  moral 
character.     His  position  in  life,  from  first  to  last,  has  af- 


INDIANS    FROAi    GliOKGIA.  187 

forded  him  every  facility  to  gain  information  and  add  to 
his  stock  of  knowledge. 

Although  he  did  not  come  to  the  Thn)ne  b}  regular 
hereditary  descent,  yet  very  many  circumstances  pointed 
to  him,  from  early  boyhood,  as  the  prospective  ruler  of 
the  Cherokees  ;  and  he  has  governed  them,  in  the  most 
absolute  manner,  for  upwards  of  a  quarter  of  a  century,  by 
seeming  to  obey.  A  full  examination  of  the  records  of 
the  Federal  Government  will  show  that  John  Ross  has 
had  the  entire  control  and  disbursement  of  millions  of 
dollars,  as  King  of  the  Cherokees,  during  the  last  twenty 
years.  The  control  of  this  immense  amount  of  money,  in 
the  absence  of  any  enlightened  supervision  or  cluck  on 
his  financial  aspirations,  is  the  key  that  unlocks  the  secret 
cause  of  his  long  career  of  absolute  reign  and  power,  as 
well  as  his  great  popularity,  at  home  and  abroad.  He  has 
always  had  rivals  amongst  his  countrymen  in  intelligence, 
virtue  and  patriotism;  several  of  whom  would  have 
eclipsed  him  long  since  if  they  had  been  permitted  to  live. 
But  through  the  influence  of  Ross,  aided,  as  he  always 
has  been,  by  his  feed  stipendiaries,  in  and  out  of  the  Cher- 
okee country,  he  has  always  svicceeded  in  putting  down 
all  rivalry.  John  Ross,  when  compared  with  such  men  as 
John  Ridge  and  Elias  Boudinot,  is  a  mere  pigmy.  No 
man  can  rejoice  more  than  myself  at  the  improvement 
and  prosperity  of  the  Cherokee  people  since  their  removal 
to  the  West ;  but  to  give  the  largest  share  of  credit  to 
John  Ross  for  the  present  prosperity  and  prospects  of  the 
Cherokee  people  is  falsifying  the  whole  history  of  the  past, 
in  connection  with  that  people.  Every  benefit,  advantage, 
and  bright  prospect  which  the  Cherokee  people  now  en- 
joy has  been  secured  to  them  and  enforced  upon  them  in 
the  face  of  the  most  violent  opposition  of  John  Ross,  and 
his  humble  followers  amongst  the  Cherokees — as  well  as 
against  the  most  untiring  opposition  of  his  political  asso- 
ciates and  legal  stipendiaries  throughout  the  United 
States.  To  all  this  host  of  opposition  may  be  added  all 
the  religious  fanaticism    of  the  whole  country. 

I  now  proceed  to  sustain  the  foregoing  statements. 
From  the  close  of  the  Revolutionary  War,  down  to  the 
year  1828,  the  Cherokee  Indians  had  been  permitted 
quietly  to  remain  in  the  country  where  they  resided  when 
the  first  civilized  settlements  were  made  in  the  country 
around  their  location.  Like  other  Indians,  they  had  made, 
from  time  to  time,  various  treaties  with  the  Government 
of  the  United  States.     In  most,  if  not  all,  of  these  treaties 


l88  RliMOVAL  OF  THE  CHEROKEIi 

the}  had  rehnquished  their  claim  to  portions  of  the  vast 
territory  which  they  claimed  as  their  lawful  right,  because 
they  had  seen  some  portions  of  it  in  the  chase  and  from 
the  mountain  top.  Thus  things  progressed,  until  the  Cher- 
okees  were  circumscribed  in  their  limits  to  a  country  con- 
taining some  ten  millions  of  acres  of  land  which,  in  the 
treaties  hereinbefore  referred  to,  had  been  guaranteed  to 
them  forever  by  the  Federal  Government.  These  remain- 
ing lands,  where  the  Cherokees  actually  resided,  lay  with- 
in the  chartered  limits  of  the  States  of  Georgia,  Tennes- 
see, North  Carolina  and  Alabama. 

From  the  whites,  who  settled  amongst  the  Cherokees 
at  the  close  of  the  Revolutionary  War  (being  chiefly  refu- 
gee Tories)  and  raising  half-breed  families,  and  from  white 
renegades,  who  fled  from  justice  from  many  of  the  differ- 
ent States,  the  white  blood  and  the  arts  of  civilization 
prevailed  to  a  considerable  extent  in  the  Cherokee  coun- 
try, even  before  Moravian  missionaries  located  in  that 
country.  But  in  the  year  1825,  when  in  that  country,  I 
visited  missionary  establishments  of  various  denomina- 
tions, and  recollect  very  distinctly  that  at  and  around  every 
missionary  station  I  found  quite  a  number  of  white  per- 
sons, pursuing  and  carrying  on  various  branches  of  the 
business  which  appertains  to  civilized  society.  Moreover, 
the  necessary  intercourse  of  the  different  States  had  caus- 
ed many  roads  to  be  opened  through  the  Cherokee  coun- 
try, and  the  traveler  on  those  roads  found  safe  ferry  boats 
over  the  large  waters,  and  as  regular  houses  of  entertain- 
ment for  travelers  as  were  to  be  found  in  the  neighboring 
States.  Indeed,  the  white  population  was  regularly  in- 
creasing in  this  country,  for  many  years  before  the  time 
of  which  I  speak.  And  in  all  the  various  locations  where 
you  found  the  white  blood  and  negro  slaves  the  advance- 
ment in  all  the  arts  and  customs  of  civilization  were  most 
obvious,  pleasing  and  impressive. 

But  truth  requires  the  statement  of  the  fact  that,  from 
the  year  1825  to  the  final  removal  of  the  Cherokees  in 
1840,  the  great  body  of  the  common  Indians,  who  resided 
in  obscurity  and  had  but  little  intercourse  with  the  white 
and  half-breed  races  amongst  them,  still  remained  in  brutal 
and  savage  ignorance.  These  ignorant  savages  dispersed 
all  over  the  country,  each  had  his  favorite  leader,  or  lead- 
ers— and  these  leaders,  throughout  the  country,  were 
constantl^•  plied  with  the  proper  means  to  bring  them  un- 
der the  influence  and  control  of  the  principal  chief  and 
his   subordinates   in   oflfice.     The   Government   established 


INDIANS    FROM    GEORGIA. 


189 


by  the  Cherokees,  about  the  year   1825,  although  it  car- 
ried on  its  face  a  republican  form,  yet  in  its  administra- 
tion was  most  decidedly  aristocratic,  and  in  some  respects 
exceedingly    despotic.      With    the    commencement   of    the 
written  constitution,  laws  and  government  of  the  Cherokee 
people  commenced  that  necessary  and  inevitable  process 
and  train   of  measures   which    hastened    their    expulsion 
from   the  dififerent  States   in    which    they    were    located. 
Their  very  first  attempt  at  sovereignty  and  independence, 
as  a  state,  nation   and  people  brought  them   into   direct 
conflict  and  collision  with  not  only  the  several  State  gov- 
ernments in  whose  limits  they  sojourned,  but  irreconcil- 
able conflict  and  collision  with  the  intercourse  laws  of  the 
United  States  which  so  long  had  shielded  and  protected 
them  from  the  operations  of  the  laws  of    the    States    in 
vvhich  they  dwelt.    The  Cherokees  claimed  to  be  a  sover- 
eign nation,  exercising  all  the  rights  of  self-government. 
Nevertheless,  claiming  all  the  guaranties  and  stipulations 
appertaining  in  their  favor  by  treaties  previously  entered 
into  by  the  United  States,  they  mdlified  the  treaties  and 
intercourse   laws   of  the   United   States    which    conflicted 
with  their  sovereignty.    All  the  provisions  of  these  treaties 
and  laws  which  might  be  construed  as  tending  to  disarm 
and  disrobe  the  several   States  in  whose  limits  they   re- 
sided 01  their  sovereignty  they  pertinaciously  adhered  to, 
as  the  most  sacred  of  all  obligations;  this  state  of  things 
could  no  longer  be  endured.     The   States   extended   first 
their  criminal  and  then  their  civil  jurisdiction  over  their 
entire   limits   and   population.     This   produced   that   crisis 
which  very  soon  determined  which  of  these  powers  had  the 
right  to  govern  in  the  territorial  limits  which  was  the  sub- 
ject of  litigation;  justice,  wisdom,  moderation,  and  great 
firmness  triumphed  without  blood  and  carnage,  but  with 
great  advantage  and  lasting  benefit  to  all  the  parties  in 
interest. 

At_  the  time  of  the  formation  of  the  Cherokee  written 
Constitution,  and  adoption  of  their  independent  form 
of  government,  perhaps  the  intelligence  of  no  na- 
tion or  people  ever  entered  into  a'  compact  of  gov- 
ernment with  greater  unanimity  than  did  the  Chero- 
kees. They  were  pleased  with  the  idea  of  assuming  a 
name  and  a  place  amongst  the  civiHzed  nations  of  the 
earth.  They  were  deeply  attached  (in  general)  to  the 
lovely  land  of  their  fathers,  and  disposed  to  enjoy  their 
homes,  in  the  midst  of  the  graves  of  their  departed  friends. 
But  few  of  them  had  the  intelligence  and  capacity  requi- 


190 


REMOVAL  OF  THE  CHEROKEE 


site  to  comprehend  the  system  and  workings  of  our  Fed- 
eral and  State  governments ;  and  were,  therefore,  desti- 
tute of  that  demonstrative  forecast  which  enabled  them 
to  see  the  utter  impracticability  of  the  success  of  their  en- 
terprise. They  succeeded,  however,  in  rallying  around 
their  effort  one  of  the  great  political  parties  of  the  Union. 
The  immense  funds,  contracted  in  the  way  of  annuities 
arising  from  the  sales  of  their  lands  under  the  provisions 
of  treaties,  afforded  them  the  means  of  keeping  constant- 
ly in  their  service  legal  stipendiaries — able  writers — who 
employed  their  pens  in  furnishing  able  and  plausible  ar- 
ticles for  newspapers,  religious  magazines,  memorials  to 
Congress,  &c.,  &c.  The  name  of  John  Ross,  as  principal 
chief,  was  appeivled  to  all  the  official  papers,  and  hence 
he  gained  great  credit  and  admiration  for  ability  as  a 
writer,  which  he  never  merited,  his  official  papers  being 
drawn  up  by  the  ablest  lawyers  of  the  United  States.  Un- 
der this  state  of  affairs,  the  propriety  and  expediency  of 
my  official  course,  as  hereinbefore  detailed  in  this  work, 
for  a  long  course  of  years.  I  think  will  scarcely  be  ques- 
tioned, either  as  to  its  expediency,  wisdom  or  morality — 
its  necessity,  with  a  view  to  the  great  interest  of  Georgia, 
the  United  States,  and  lasting  interest  and  benefit  of  this 
deeply  interesting  people,  the  Cherokees. 

Without  entering  upon  all  the  voluminous  details 
which  would  be  necessary  to  a  minute  understanding  of 
every  incipient  step  connected  with  this  subject,  suffice  it 
to  say  that  from  the  time  that  I  systematically  entered 
upon  this  Indian  subject  in  Congress,  in  the  year  1827, 
I  used  all  the  means  within  my  control  to  know  and  be 
known  to  the  wisest  and  best  men  of  the  Cherokee  peo- 
ple as  we,  respectively,  were.  I  honestly  put  them  in 
possession  of  my  every  thought,  as  regarded  the  best  in- 
terest of  their  people.  Finally,  I  gained  the  confidence, 
as  well  as  the  ear,  of  the  wisest  and  best  men  of  the  Cher- 
okee people.  The  Ridges.  Boudinot.  the  Rogerses,  Gun- 
ter,  Bill.  Sanders.  Starr,  Fields,  Forman,  Waters,  and 
many  others  fully  embraced  my  views  and  became  con- 
vinced that  the  only  hope  of  salvation  to  the  Cherokees 
was  to  be  found  in  their  removal  to  the  West.  No  patri- 
otic men  can  be  found  on  the  pages  of  history  who  were 
more  sincerely  devoted  to  the  best  interest  of  their  peo- 
ple than  were  these  men.  Neither  Ross  nor  any  of  his 
followers  ever  more  ardently  desired  to  carry  out  and 
sustain  their  attempt  at  independent  self-government  in 
the  land  of  their  fathers  than  <lid  these  men.     And  thev. 


INDIANS    FKOM    GEORGIA. 


191 


with   great   zeal   and   ability,   defended   the   ground   which 
they  had  assumed  on  this  subject,  until  they  were  com- 
pletely convinced  that  the  force  of  circumstances,  and  the 
salvation  of  their  people,   required  them  to  yield.     They 
accordingly  did  so,  with  great  reluctance,  but  with  a  clear 
conviction  that  they  could  do  nothing  better  for  their  peo- 
ple.    These  noblemen   of  nature  had  remained  at   home, 
in  the  midst  of  their  people,  participating  in  the  constant- 
ly increasing  embarrassments  and  evils  which  were  con- 
stantly multiplying  upon  them,  while  Ross,  and  a  few  of 
his   select   favorites,   were,    from   year   to   year,    regularly 
spending  as  much  of  their  time  at  Washington  as  though 
they  had  been  members  of  Congress,  feasting  and  enjoy- 
ing high  life,  in  the  circles  of  their  political  partisans,  and, 
at   the  close  of  Congress,  visiting    our    great    Northern 
cities,  and  thus   spending  the   annuities   of  the   Cherokee 
people  in  luxury,  high  life,  and  lordly  ease.     After  these 
patriotic  men  fully   made  up  their  minds  to  look   to  the 
Vv'est  as  their  permanent  home,  every  day's  investigation 
did  but  the  more  clearly  convince  tliem  that  it  afforded 
the  prospect  of  a  most  happy  and  fortunate  change.     This 
change  of  opinion  brought  them  into  intimate  and  close 
correspondence  with  their  brethren  of  the  West,  amongst 
whom  were  some  able  men.     All  these  things  urged  them 
forward,  to  take  the  responsibilitv  which  they  did  in  the 
formation  of  the  Treaty  of  Dec,  1835.    And  Twould  earn- 
estly request  any  reader  of  these  pages,  who  may  entertain 
a  doubt   of  the   great  and  extraordinary  advantages   se- 
cured to  the  Cherokees  by  the  provisions  of  this  Treaty,  to 
read  and  consider  the  same.     He  will  rise  from  the  read- 
ing well  satisfied  that  it  was  the  most  liberal,  honest,  and 
just  treaty  ever  before,  or  since,  negotiated  with  any  In- 
dian people.     The   advancement    and    prosperity    of    the 
Cherokees,   under  the  provisions   of  this   Treaty,   affords 
the  most  conclusive  testimony  of  the  validity  of  my  as- 
sertions.    Yet  Ross  and  his  assasin  hosts  have  at  every 
step,  from  beginning  to  end,  opposed  the  making,  the  ex- 
ecution and  validity  of  this  Treaty,  except,  indeed,  to  avail 
themselves  fully  of  the  liberal  individual  benefits  secured 
to  them  under  the  provisions  of  the  Treatv.     And,  more- 
over.  Ross  has   made  a  princely  fortune   for  himself,  by 
the  Government  of  the  United  States  buying  up  his  appro- 
bation to  the  Treaty,  by  making  him  the  emigrating  agent 
in  the  removal  of  the   Cherokees,    and    giving    immense 
sums   of   money — more    than    the   service   was    worth — to 
purchase  his  good  will. 


,92  REMOVAL  OF  ITIE  CHEROKEE 

But  I  would  have  refrained  from  exposing  this  man 
Ross  as  I  have  done  but  for  tliat  most  horrid,  appalling, 
deepest  oi  all  mid-night  crimes — the  murder  of  Major  Ridge, 
John  Ridge,  Elias  Boudinot,  and  others,  after  they  had 
settled  in  their  beloved  promised  land,  and  all  were  happy 
and  prosperous,  as  the  result  of  the  labors  of  these  la- 
mented men.  These  men  were  all  murdered  the  same 
night,  in  their  different  houses,  by  savage  bands,  known 
to  be  the  tools  and  instruments  of  John  Ross.  The  right- 
eous blood  of  these  Abels  will  yet  cry  for  vengeance. 

Under  all  the  foregoing  circumstances,  I  pity  the  ig- 
norance of  good  men  who  feel  as  if  they  were  doing  God's 
service,  while  they  are  writing  and  publishing  eulogies 
on  the  character  of  John  Ross,  and  extolling  him  for  the 
present  prosperous  state  and  condition  of  the  Cherokee 
people.  If  the  counsels  and  plans  of  Ross  could  have  been 
sustained  by  him  and  all  his  numerous  co-workers,  what 
would  have  been  the  result,  at  this  time?  Every  Indian 
who  failed  to  emigrate  to  the  West  would,  before  this  day, 
have  been  exterminated  from  the  face  of  the  earth,  or 
have  existed  in  the  most  abject  state  of  degradation  and 
distress. 

The  whole  of  his  plans  were  unwise,  impracticable,  and 
founded  in  selfishness  and  love  of  power.  He  dreaded 
emigration  because,  with  it,  he  expected  his  greatness  to 
depart  forever.  But.  when  necessity  urged  him  to  that 
act,  he  determined  on  the  destruction  of  his  rivals,  and 
succeeded  in  executing  his  plans.  He  never  ought  to 
have  been  permitted  to  join  the  Cherokees  in  the  West. 
If  he  could  have  shared  the  fate  of  Haman,  or  have  been 
banished  to  New  England,  Hayti,  or  anywhere  else,  where 
the  Cherokees  could  have  been  relieved  from  the  curse 
of  his  presence  and  influence,  I  think  it  probable  that 
they  would  at  this  day  have  been  represented  in  the  Con- 
gress of  the  United  States,  by  delegates  who  would  do 
honor  to  any  State  in  the  Union,  and  that  their  present 
state  of  prosperity,  great  as  it  is,  would  have  been  fifty 
per  cent,  better  than  it  is  at  present.  The  best  half  of  the 
intelligence,  virtue  and  patriotism  of  the  Cherokee  people 
has  been  basely  murdered,  to  gratify  the  revenge  and  am- 
bition of  John  Ross.  And  it  remains  a  crying  sin  against 
the  United  States  that  the  murderers  of  the  Ridges  and 
Boudinot  have  not  been  punished,  as  justice  and  law  de- 
manded. 

But  this  long  digression  from  my  intended  purpose 
must  cease.     The  intrin^.ic  merit  and  great  worth  of  char- 


INDIANS    FROM    GEORGIA.  193 

acter  of  the  Ridges  and  Boudinot  alone  induce  me  to 
speak  what  I  do  know  and  testify  what  I  have  seen,  as  a 
tribute  due  to  departed  worth. 

A  private  and  unofficial  letter  written  to  Andrew  Jackson, 
President  of  the  United  States;  dated  Monroe,  Walton 
County,  Nov.  1st,  183 1. 

Dear  Sir : — 

The  personal  regard  and  political  confidence  which  I 
have  ever  entertained  for  your  character  induces  me  to 
make  this  communication.  Before  this  reaches  you,  you 
will  have  been  apprised  of  the  public  position  assigned 
me  by  the  voice  of  the  unofficial  sovereign  people  of  Geor- 
gia. I  have  been  called  to  this  station  contrary  to  my 
own  wishes  and  contrary  to  the  wishes  and  efforts  of  the 
State  politicians,  office-holders,  office-seekers,  lawyers, 
bank  directors,  &c.  But  the  wish  of  the  people  must  be 
obeyed.  I  assure  you,  with  entire  confidence,  that  my 
friends  in  Georgia  are  yoiir  friends.  They  are  so  from 
principle.  We  must  understand  each  other,  and  co-oper- 
ate in  all  measures  for  the  public  interest. 

A  crisis  has  arrived  in  our  political  affairs,  in  the  Cher- 
okee portion  of  Georgia,  which  cannot  remain  in  its  pres- 
ent attitude.    A  remedy  must  be  applied. 

This  subject  is  not  only  of  vital  importance  to  Geor- 
gia, but  your  character,  mine,  and  our  common  country 
are,  and  will  be,  deeply  involved.  Your  opinions,  private 
as  well  as  public,  will  be  venerated  by  me  as  coming  from 
a  father. 

The  extension  of  our  State  laws  and  jurisdiction  over 
the  Cherokees  has  evinced  the  great  difficulty  of  admin- 
istering justice  to  a  people  circumstanced  as  the  Indians 
are.  A  few  thousand  persons  dispersed  over  a  territory 
of  five  million  of  acres  of  land,  abounding  in  rich  gold 
mines ;  the  people  indisposed  and  incompetent  to  aid  in 
the  administration  of  the  law,  presents  an  anomaly  in 
the  history  of  the  world.  Any  laws  which  may  be  devised 
for  the  government  of  this  country  in  its  present  situa- 
tion, to  be  efficient,  must  partake  largely  of  a  military 
character,  and  consequently  be  more  absolute  and  des- 
potic than  would  be  admissible,  or  necessary,  in  a  coun- 
try affording  the  materials  for  the  administration  of  civil 
justice. 

The  State  cannot,  with  honor  or  justice  to  herself,  re- 
treat from  any  of  the  ground  which  she  has  taken.     To 


194  REMOVAL  OF  THE  CHEROKEE 

retrograde,  or  stand  still,  will  be  ruinous.  Would  it  not, 
then,  be  more  manly  and  honorable — at  once — to  place 
upon  the  unoccupied  territory  a  virtuous  freehold  popu- 
lation, possessed  of  all  the  inducements  of  other  citizens 
to  maintain  order  and  good  government  in  this  country? 
Carefully,  at  the  same  time,  guarding,  by  our  Legislature, 
the  rights  of  the  Indians  to  their  entire  improvements 
and  property  of  every  kind,  together  with  an  ample  suf- 
ficiency of  land  to  sustain  them  and  their  posterity  in  their 
present  abodes,  so  long  as  they  may  choose  to  remain, 

I  consider  the  present  situation  of  Georgia  a  most  deli- 
cate one.  Prejudiced  enemies,  at  a  distance,  may  be  tole- 
rated and  endured ;  but  rest  assured  I  speak  advisedly 
when  I  say  that  the  enemies  of  Georgia  are  alarmingly 
multiplying  in  her  midst.  The  gold  mines  ofifer  a  rally- 
ing point  for  the  concentration  of  bad  men,  from  all  parts 
of  the  world.  Even  our  domestics  may  look  to  a  contro- 
versy with  the  Cherokees,  with  feelings  of  deep  interest. 
And  many  of  our  lawyers,  judges  and  other  distinguished 
selfish  men  I  have  no  doubt,  begin,  now,  to  look  to,  and 
desire  a  continuance  of  the  present  state  of  things,  as  af- 
fording the  best  prospect  of  a  rich  harvest  for  themselves. 

Please  to  consider  this  as  a  mere  hasty  sketch  of  my 
views,  as  I  have  not  time  to  enter  fully  upon  the  subject. 
If  consistent  v/ith  your  views  of  propriety  it  would  be  very 
gratifying,  indeed,  for  me,  through  some  channel,  to  have 
a  distinct  intimation  of  your  views  in  relation  to  this  sub- 
ject. 

Very  sincerely,  yr.  fr.  &  huml.  servt., 

WILSON  LUMPKIN. 


The  foregoing  letter  was  written  with  a  full  knowledge 
that  General  Jackson  did  not  coincide  with  my  views  of 
an  immediate  occupancy  and  settlement  of  the  unoccu- 
pied lands  claimed  by  the  Cherokees.  But,  as  my  own 
mind  was  unchangeably  made  up  on  that  point,  I  resolved 
frankly  to  give  him  an  intimation  of  the  course  he  might 
expect  me  to  pursue,  and  to  do  so  in  that  true  spirit  of 
kindness  and  confidence  which  I  had  always  entertained 
for  him.  But,  for  months,  I  received  no  intimation  from 
him  on  the  subject,  because  my  views  were  not  approved 
of  by  him.     However,  when  it  was  seen  that  I  would  not 


INDIANS    FROM    GEORGIA.  195 

be  held  back,  but  that  I  was  advancing  with  success,  we 
came  to  an  understanding,  and  co-operated  harmoniously 
to  the  end  of  the  chapter. 

WILSON  LUMPKIN. 
May  4th,   1852. 


Note  by  the  Editor. — Chapter  IX  of  the  manuscript, 
omitted  from  this  volume,  contaius  a  portion  of  Gov  Lumkin's  cor- 
respondence, comprisin.sj  47  letters,  addressed  as  follows: 

Gen.  John  Coffee,  15  letters;  Hon.  Lews  Cass,  5  letters;  Chas. 
C.  Mills,  Principal  Keeper  of  the  Penitentiary,  3  letters;  Inspectors 
of  the  Penitentiary,  2  letters;  Hon.  Daniel  Newnan.  2  letters;  Hon. 
James  M.  Wa5me,  2  letters;  Col.  Wm.  W  Williamson,  2  letters;  Wm. 
Ashley,  Jr.,  i  letter;  Col.  John  W.  Burney,  i  letter;  Gen.  Benj.  Cleve- 
land, I  letter;  Maj.  Jesse  F.  Cleveland,  r  letter;  Simmons  Crawford, 
I  letter;  Gen.  Thos.  Glascock,  1  letter;  Capt.  James  Hunter,  i  letter; 
President  Andrew  Jackson,  i  letter;  Hon.  R  M.  Johnson,  i  letter; 
Hon.  John  P.  King,  i  letter;  Dr.  Powell,  i  letter;  Dr.  D.  H.  Reese, 
I  letter;  Randolph  Re\411,  i  letter;  A.  G.  Saffold,  Launcelot  Johnson 
and  others,  i  letter;  Dr.  James  Troup,  i  letter;  Maj.  Jacob  Wood, 
I  letter.     Total  47  letters. 


CHAPTER  X. 

Official  Letters,  1833. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  2d,  1833. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — Yesterday's  mail  brought  me  your  communica- 
tion of  the  24th  ult.  I  have  given  to  it  that  deliberate  con- 
sideration which  its  intrinsic  importance  and  the  highly 
respected  source  from  whence  it  emanates  demand  from 
me.  I  am  fully  aware,  and  take  great  pleasure  on  all  fit 
occasions  in  avowing  my  unqualified  approbation  and 
grateful  sense  of  the  manner  in  which  the  present  admin- 
istration of  the  Executive  Government  of  the  L'nited 
States  has  managed  and  transacted  their  share  of  the  deli- 
cate and  difficult  business  relating  to  the  existing  rela- 
tions between  Georgia  and  the  Cherokee  Indians.  More- 
over, I  am  deeply  impressed  with  an  abiding  sense  of  the 
fearful  responsibility  which  the  present  administration 
has  taken  upon  itself,  with  a  view  of  doing  justice  to 
Georgia  in  relation  to  her  Indian  perplexities ;  in  doing 
which  the  administration  has  not  only  incurred  the  dis- 
pleasure, but  has  encountered  the  opposition,  of  a  most 
formidable  political  and  religious  party,  scattered  over 
the  whole  Union — a  party  which  has  in  many  sections  of 
our  country  had  a  preponderating  influence,  which  would 
have  paralyzed  any  administration  which  was  not  emin- 
ently distinguished  for  patriotism,  talents  and  firmness. 
I  am  also  fully  aware  and  alive  to  the  unhallowed  and  un- 
principled course  now  in  operation,  by  the  nullifiers,  and 
old  friends  of  the  Hartford  Convention,  and  the  great  ef- 
forts now  making  by  their  hireling  presses,  to  identify 
Georgia  with  South  Carolina,  both  in  principle  and  action. 
They  are  now  making  a  great  and  united  effort  to  throw 
Georgia  into  the  nullifying  wake  of  South  Carolina,  and 
for  this  purpose  they  endeavor  to  make  it  appear  that  the 
conduct  of  Georgia  in  the  missionary  case  and  that  of 
South  Carolina  in  her  schemes  of  nullification,  ordinance 
and  all,  are  identical — are  parallel  cases.     It  cannot  be  be- 


INDIANS    FROM    GEORGIA.  I97 

lievecl,  however,  that  any  honest  man  of  common  sense 
will  be  at  a  loss  to  draw  the  proper  distinction  between 
the  destructive  heresies  and  acts  of  South  Carolina,  ob- 
viously tending  to  the  destruction  of  the  Federal  Union, 
and  those  acts  of  Georgia  which  have  been  resorted  to 
in  defence  of  her  local  jurisdictional  rights  over  her  own 
citizens  and  territory.  South  Carolina  has  not  only  avow- 
ed her  determination  to  resist  the  execution  of  the  rev- 
enue laws  of  the  country,  but  has  openly  assumed  a  posi- 
tion tending  to  disunion,  and  has  actually  commenced 
the  organization  of  a  separate  and  distinct  government, 
based  upon  belligerent  and  warlike  principles.  Her  new 
form  of  proposed  government  is  not  only  founded  on  prin- 
ciples of  hostility  to  her  old  confederates,  but  is  arbitrary, 
despotic  and  tyrannical  in  the  extreme,  to  all  that  portion 
of  her  own  citizens  who  have  the  honesty  and  patriotism 
to  dissent  from  her  novel  and  wild  career  of  revolution, 
and  to  adhere  to  our  admirable  and  beloved  constitutional 
Federal  system.  Now,  because  Georgia  has  resolved  at 
all  hazards  to  maintain  and  defend  their  own  local  laws, 
enacted  for  the  punishment  of  ofifences  committed  against 
them,  within  her  own  admitted  constitutional  limits,  shall 
she  therefore  be  identified  with  the  ambitious  disappoint- 
ed disunionists  of  other  States  ?  I  trust  not.  As  a  Geor- 
gian, I  blush  for  her  sons  who  can  aid  and  countenance 
the  baneful  and  delusive  doctrines  of  disruption,  and  more 
especially  for  those  who  are  endeavoring  to  identify  my 
beloved  State  with  such  heresies  as  nullification. 

While  the  people  of  Georgia  had  grounds  to  believe 
that  South  Carolina  was  merely  contending  against  the 
unequal  and  oppressive  tariflf  system,  even  her  errors  and 
indiscreet  zeal  were  received  with  a  spirit  of  forbearance, 
and  a  kindred  feeling  was  exercised  towards  her,  even  in 
her  acts  which  could  not  be  entirely  sanctioned.  But  since 
the  mask  has  been  thrown  ofif — since  the  appearance  of 
the  South  Carolina  ordinance,  and  her  proclamations  and 
laws,  upon  the  subject  of  nullification,  have  made  their 
appearance,  the  great  body  of  the  people  of  Georgia  are 
responding  to  the  late  resolution  of  the  Legislature  of 
the  State;  '' ive  abhor  mdlificat ion.''  The  people  of  Geor- 
gia understand  their  rights,  and  will  defend  such  as  they 
deem  to  be  essential  and  of  vital  importance  at  all  haz- 
ards. They  are  ardently  attached  to  the  Federal  Union, 
and  they  believe  its  preservation  depends  upon  the  Fed- 
eral and  State  Governments  being  strictly  confined  within 
their    respective    constitutional    spheres    of   action.      That 


198  REMOVAL  OF  THE  CHEROKEE 

Georgia  has  acted  upon  these  principles  in  all  her  unpleas- 
ant controversies  with  the  different  branches  of  the  Fed- 
eral Government,  appears  to  me  to  be  so  plain  and  palpa- 
ble that  I  cannot  doubt  her  being  sustained  by  an  over- 
whelming majority  of  the  people  of  these  United  States. 
The  absurdity  of  attempting  to  identify  her  with  South 
Carolina,  on  account  of  the  missionary  case,  appears  to 
me  to  be  too  palpable  to  deserve  serious  refutation. 

Plow  stands  this  missionary  case?  Georgia  believed 
her  principal  dil^culties  with  the  Cherokee  Indians  resid- 
ing within  her  limits  grew  out  of  the  bad  counsel  and  in- 
fluence of  the  whites  who  resided  amongst  them. 

Her  Legislature,  therefore,  passed  a  law  making  it 
penal  for  a  white  man  to  continue  to  reside  amongst  the 
Indians,  unless  he  would  first  take  an  oath  to  support  the 
laws  and  Constitution  of  the  State.  These  missionaries, 
although  advised  and  admonished  by  the  Chief  Magis- 
trate of  the  State  to  comply  with  the  law,  or  peaceably 
leave  the  State,  obstinately  refused  to  do  either,  but,  to 
the  contrary,  hurled  defiance  at  the  State  and  its  author- 
ities. Whereupon,  the  law  was  enforced  against  them, 
and  they  incurred  its  penalties  —  penitentiary  confine- 
ment. However,  on  their  arrival  at  the  prison  gate  the 
Executive  voluntarily  offered  and  desired  to  set  them  at 
liberty,  upon  the  mere  promise  that  they  would  not  again 
locate  within  the  Indian  country  of  Georgia.  This,  again, 
they  obstinately  refused,  and,  of  course,  were  put  into  the 
Penitentiary,  where  they  have  ever  since  received  the  most 
kind  and  indulgent  treatment.  From  then  till  now  they 
could  at  any  time  have  been  released  and  set  at  liberty 
by  simply  dismissing  all  their  proceedings  pending  before 
the  Supreme  Court,  and  asking  relief  in  a  becoming  man- 
ner from  the  Executive  of  Georgia.  Less  than  this  can 
never  sustain  the  honor  of  the  State,  and  her  Chief  Mag- 
istrate. Georgia  cannot,  without  disgrace,  be  coerced  by 
the  threatening  attitude  of  the  Supreme  Court,  or  any 
other  power  under  heaven,  to  liberate  those  men.  But 
the  first  moment  that  Georgia  can  be  relieved  from  threats 
and  menace,  and  her  authority  looked  to  and  respected  as 
it  ought  to  be,  by  these  individuals,  they  will  be  set  at  lib- 
erty. Those  who  suppose  they  can  succeed  in  identifying 
Georgia  with  South  Carolina  and  her  heresies,  through 
this  missionary  case,  and  thereby  cast  odium  upon  the 
President  of  the  United  States  and  Georgia,  and  make 
the  people  believe  in  their  charges  made  of  inconsistency 
and  partiality,  do  but  deceive  themselves. 


INDIANS    FROM    GEORGIA. 


J  99 


Such  an  efifort  must  be  predicated  in  the  belief  that 
the  people  are  destitute  of  common  sense,  and  consequent- 
ly incapable  of  wise  self-government — that  they  may  be 
deceived  by  the  sophistry  of  demagogues  whenever  it  may 
suit  the  views  of  the  ambitious.  The  people  of  Georgia 
unite  with  me  in  entertaining  the  highest  respect  and  con- 
fidence in  the  President  of  the  United  States,  as  well  as 
yourself,  and  would  yield  anything  but  principles  which 
we  deem  to  be  inseparably  connected  with  the  best  inter- 
est of  our  common  country  to  gratify  the  wishes  and  pro- 
mote the  interest  of  the  present  Executive  and  adminis- 
tration of  the  Government  of  the  United  States.  But  it 
is  my  most  deliberate  and  settled  opinion  that,  in  the  pres- 
ent position  of  affairs,  it  would  be  destructive  to  the  best 
interest  of  correct  constitutional  principles,  as  well  as  that 
of  the  high  reputation  of  the  present  Executive  adminis- 
tration of  the  Federal  Government,  for  me  to  yield  to  the 
suggestions  contained  in  your  letter  in  regard  to  liberat- 
ing the  missionaries  at  the  present  moment.  Although  I 
think  dififerently,  it  may  be  true  that  setting  these  men  at 
liberty  might  contribute  something  towards  accelerating 
a  speedy  arrangement  with  the  Cherokees.  But,  desirable 
as  this  object  is  to  Georgia  and  her  citizens,  yet  I  would 
greatly  prefer  encountering  another  thirty  years'  painful 
controversy  rather  than  see  my  State  and  common  coun- 
try subjected  to  dishonorable  imputations.  Admitting  I 
could  at  this  moment  consent  for  Georgia  to  abandon  the 
ground  which  she  has  occupied  in  regard  to  the  mission- 
aries, what  would  be  the  inevitable  effect?  Georgia  would 
not  only  be  accused  of  yielding  her  principles  in  regard  to 
State  rights,  but  the  charges  brought  against  the  Presi- 
dent of  the  United  States  (on  account  of  his  late  proclam- 
ation) that  he  is  disposed  to  prostrate  the  rights  of  the 
States,  would  receive  strength  and  countenance.  And  it 
would  be  said  that  I  had  yielded  up  the  vital  rights  of 
Georgia  to  assist  Andrew  Jackson  in  using  a  despotic 
sway  over  the  State  governments,  and  more  especially  to 
wreak  his  vengeance  against  the  politicians  of  South  Caro- 
lina. The  President's  course,  from  first  to  last,  in  rela- 
tion to  our  local  Indian  difficulties  and  the  cases  which 
have  arisen  out  of  them,  affords  the  most  able  and  con- 
clusive defence  of  his  correct  and  able  opinions  in  regard 
to  the  just,  proper  and  constitutioml  right'-,  of  the  States, 
and  no  subseciuent  act  of  his  friends  should  ever  be  per- 
mitted to  take  away  the  high  ground  on  which  he  stands 
in  this  respect.    The  rights  of  Georgia,  which  he  has  coun- 


200  REMOVAL  OF  THE  CHEROKEE 

tenanccd  and  defended  against  all  opposition,  will  shield 
him  and  his  character  in  the  future  pages  of  history  from 
the  calumnies  of  the  present  moment,  wherein  he  is  ac- 
cused of  a  disposition  to  trample  on  the  rights  of  the 
States.  The  President,  as  well  as  myself,  has  equal  re- 
gard for  State  rights,  and  right  States.  We  have  as  little 
respect  for  State  as  we  have  for  Federal  usurpation.  We 
cannot  fail  to  unite  as  cordially  in  defending  and  protect- 
ing an  oppressed  and  persecuted  State  minority  from  the 
galling  yoke  of  despotism  and  bondage  as  we  would  to 
remove  unnecessary  and  burthensome  taxation.  Sir,  from 
what  I  have  said  you  will  perceive  that,  with  the  kindest 
and  most  respectful  feelings,  I  am  nevertheless  under  the 
necessity  of  dissenting  from  your  views  and  wishes  in  re- 
gard to  the  release  of  the  missionaries. 

And  permit  me  to  add  that  neither  the  President,  you, 
nor  myself  can  properly  be  sustained,  by  yielding  to  the 
assumptions  of  the  Supreme  Court  in  the  missionary  case. 
The  permanent  prosperity  of  our  common  country  forbids 
the  idea  of  yielding.  It  is  of  equal  importance  that  the 
religio7is  party  iji  politics  should  be  checked.  The  purity 
of  the  Christian  religion  and  the  cause  of  the  country 
alike  demand  that  Georgia  should  be  sustained  in  the 
ground  which  she  has  taken.  Do  let  me  hear  from  you 
soon  in  reply.     And  believe  me, 

Yours,  respectfully  and  sincerely, 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 

Milledgeville,  Jan'y  4th,  1833. 
Hon.  John  Forsyth, 

Washington  City. 

Sir : — I  have  the  honor  to  acknowledge  the  receipt  of 
your  favor  of  the  27th  ult.,  together  with  the  interesting 
papers  accompanying  the  same. 

I  duly  appreciate  the  good  motives  of  the  highly  re- 
spectable individuals  who  have,  in  a  patriotic  manner,  vol- 
unteered their  efforts  to  render  the  country  a  service  by 
quieting  the  excitements  which  have  grown  out  of  what 
is  generally  called  the   Indian  question. 

They  are  not  as  well  informed,  however,  in  regard  to 
all  the  bearings  of  this   subject   as  we  are.     I  shall  give 


INDIANS    FROM    GEOKGIA.  20I 

them  correct  information,  and  treat  their  kind  regard  for 
the  interest  and  quiet  of  Georgia  with  becoming  respect. 

I  have  the  honor  to  be, 

Respectfully,  yr.  obt,  servt., 

WILSON  LUMPKIN. 

Executive  Department,   Ga., 
Milledgeville,  Jan'y  5th,   1833. 

To  Messrs.  Silas  Wright,  Jr.,  A.  C.  Flagg,  John  A.  Dix, 
W.  L.  Marcy,  Eliphalet  Nott,  Stephen  Van  Rensselaer, 
R.  Hyde  Walworth,  Green  C.  Bronson,  Simeon  De 
Witt,  B.  T.  Welch,  B.  F.  Butler,  Jacob  Sutherland, 
John  Savage,  Abner  Van  Vechten,  John  Ludlow,  Wm. 
B.  Sprague,  J.  N.  Campbell,  Wm.  Lochead,  Isaac  Fer- 
ris and  H.  Bleecker. 

Gentlemen : — 

Your  communications,  bearing  date  the  17th  and  i8th 
ult.,  have  been  duly  received,  and  I  have  given  them  that 
earnest  and  deliberate  consideration  which  their  intrinsic 
merit  and  importance  and  the  highly  respected  source 
from  whence  they  emanate  demand. 

Your  communications,  although  on  different  papers 
and  in  some  respects  variant  in  matter,  nevertheless  ex- 
hibit such  identity  of  object  and  coincidence  of  general 
views  as  to  justify,  in  my  opinion,  giving  you  a  joint  reply. 

And  permit  me  first,  gentlemen,  to  assure  you  that  I 
regard  and  highly  appreciate  the  honorable,  patriotic  and 
philanthropic  motives  which  I  feel  convinced  has  influenc- 
ed you  to  offer  your  mediation,  to  allay  existing  excite- 
ments which  disturb  the  repose,  and  even  threaten  the 
stability,  of  the  admirable  institutions  of  our  common 
country.  And  suffer  me  especially  to  return  you  my 
grateful  acknowledgements  for  the  deep  interest  which 
you  manifest  for  the  welfare  and  repose  of  my  own  favor- 
ite State,  in  regard  to  her  present  local  difficulties  grow- 
ing out  of  her  Indian  relations.  Towards  some  of  you,  at 
least,  I  have  the  pleasure  of  grateful  recollections  for  your 
past  exertions  in  defending  the  rights  and  character  of 
Georgia  against  unjust  aspersions.  As  patriots  and  Chris- 
tians I  trust  and  believe  our  objects  and  ends  are  the  same. 


202  REMOVAL  OF  THE  CHEROKEE 

While  your  present  communications  are  primarily  direct- 
ed to  the  case  of  the  missionaries,  Messrs.  Worcester  and 
Butler,  whose  immediate  release  from  penitentiary  con- 
finement you  recommend,  you  guardedly  avoid  entering 
upon  the  discussion  of  various  subjects  which  are  con- 
nected with,  and  have  led  to,  their  present  confinement. 
I  fully  appreciate  and  approve  of  your  motives,  in  thus 
delicately  presenting  the  subject  to  me,  stripped  of  con- 
troversy and  excitement.  But,  nevertheless,  it  must  oc- 
cur to  you  that  my  peculiar  duties  and  responsibilities,  in 
the  performance  of  the  official  act  which  you  recommend, 
ought  to  be  preceded  by  a  full  and  fair  consideration  of 
all  the  circumstances  and  bearings  connected  with  this 
peculiar  case.  However,  I  have  neither  time  nor  dispo- 
sition, nor  do  I  deem  it  necessary,  to  present  to  you  all 
the  considerations  which  must  necessarily  have  a  bearing 
on  my  mind  in  making  up  a  decision  in  regard  to  my  duty 
in  this  missionary  case.  I  will  say  to  you,  however,  that 
I  deeply  regretted  at  the  time  these  men  forcing  them- 
selves into  the  Penitentiary  of  Georgia ;  that  their  con- 
tinuance there  has  been  contrary  to  my  wishes ;  and  that 
the  very  first  moment  I  can  send  them  away,  consistently 
with  my  duty  to  my  God  and  my  country,  they  shall  not 
remain  in  prison  a  single  day. 

The  act  of  the  Legislature  of  Georgia,  making  it  penal 
for  a  white  man  to  reside  on  the  Indian  territory  with- 
in the  limits  of  the  State  without  first  taking  an  oath  to 
support  the  laws  and  Constitution  thereof,  was  predicated 
on  the  belief  that  mischievous  white  men  were  the  prime 
cause  of  all  our  controversies  and  difficulties  with  the  rem- 
nant tribe  of  Indians  residing  within  our  State.  Before 
the  law  was  enforced  against  the  missionaries  they  were 
advised  and  admonished  by  the  Governor  of  the  State  to 
leave  the  State  peaceably,  or  obey  the  law.  They  not  only 
refused,  but  acted  in  a  spirit  of  defiance  to  the  authorities 
of  the  State.  After  they  arrived  at  the  prison  gate,  un- 
der the  sentence  of  the  law,  a  free  pardon  was  offered  to 
them  if  they  would  merely  promise  not  to  settle  again  on 
the  Indian  territory  of  Georgia.     This  they  also  refused. 

From  the  day  they  entered  the  prison,  till  now,  they 
might  at  any  time  have  been  discharged,  by  relieving  the 
State  from  the  threats  and  menace  of  being  forced  to  dis- 
charge them,  and  by  making  respectful  application  to  the 
authorities  of  the  State.  More  than  what  I  have  named 
never  has  been  required  by  Georgia,  and  less  will  never 
be  deemed  satisfactory.     The  ground  which  the  State  has 


INDIANS    FROM    GEORGIA.  203 

maintained  on  this  subject  can  never  be  abandoned  with- 
out dishonor  to  herself — a  vital  stab  to  the  palpable  con- 
stitutional rights  of  the  States  to  enact  and  enforce  laws 
for  the  government  of  their  own  population,  within  their 
admitted  jurisdictional  limits,  and  degrading  the  present 
executive  administration  of  the  Federal  Government, 
which  has  coincided  with  the  views  of  Georgia  in  every 
important  step  which  she  has  taken  in  this  matter.  The 
constitutional  rights  of  the  States,  which  have  been  vindi- 
cated by  the  present  Executive  Government  of  the  Union, 
on  questions  of  controversy  growing  out  of  what 
has  been  termed  the  Indian  question,  will  do  immortal 
honor  to  the  name  of  Andrew  Jackson,  and  afford  the 
material  for  the  future  historian  of  our  country  to  vindi- 
cate his  fame  from  the  calumnies  of  the  present  moment, 
wherein  he  is  charged  with  a  disposition  to  trample  on 
the  rights  of  the  States,  and  change  the  Federal  into  a 
consolidated  government,  I  am  fully  aware  as  yourselves 
that  the  ground  taken  by  Georgia  and  the  policy  which 
has  been  pursued  by  her  authorities,  and  sustained  by  the 
President  of  the  United  States,  has  met  with  the  severe 
censure,  animadversion  and  disapprobation  of  a  large  and 
respectable  portion  of  the  people  of  this  Union.  More- 
over, I  am  apprised  that  the  political  opposition  which 
has  been  arrayed  against  us  has  received  great  strength 
and  zealous  aid  and  co-operation  from  a  highly  talented 
and  influential  portion  of  the  Christian  community  of  our 
country.  Indeed,  the  opposition  has  been  such,  and  so 
ably  managed,  that  its  preponderating  influence  would 
have  paralyzed  any  cause  which  was  not  based  upon  the 
eternal  principles  of  truth,  justice  and  good  will  towards 
man.  Six  years  ago,  as  some  of  you  can  witness,  when 
(humble  as  I  am)  I  had  the  honor  to  propose  and  urge 
upon  the  consideration  of  the  American  Congress  the  ex- 
pediency and  propriety  of  providing  by  law  for  the  re- 
moval of  the  whole  of  the  remnant  tribes  of  Indians,  then 
remaining  in  the  States  and  Territories  of  the  Union,  to 
an  eligible  country  west  of  the  Mississippi  river,  I  was 
viewed  by  a  majority  of  even  that  enlightened  assemblage 
as  premature  and  visionary  in  my  plans,  and  was  even  ac- 
cused of  the  dishonorable  motive  of  seeking  popularity 
at  the  expense  of  the  lives  and  best  interests  of  the  un- 
fortunate remnants  of  the  aboriginals  of  North  America ; 
but  now,  as  you  intimate,  the  wisdom,  the  expediency  and 
practicability  of  the  plan  has  received  the  seal  of  appro- 
bation  from   three-fourths   of  the   people   of  this   Union. 


204  KiiMOVAL  OF  THE  CHEROKliJi 

"Truth  is  mighty  and  will  prevail."  Now,  under  these 
circumstances,  is  it  wise,  prudent  or  expedient  that  the 
authorities  of  one  of  the  sovereign  States  of  this  Union, 
sustained  in  her  course  by  the  often  repeated  official  opin- 
ions of  Andrew  Jackson  and  his  able  auxiliary  at  the  head 
of  the  War  Department,  should  make  humiliating  con- 
cessions to  the  very  individuals  and  public  functionaries 
who  have  contributed  most  to  excite  and  agitate  our  be- 
loved country  upon  (to  say  the  least)  mistaken  grounds? 
No,  gentlemen,  Georgia  can  never  abandon  the  ground 
which  she  has  taken  and  defended  on  this  subject.  The 
people  of  the  State  understand  their  inherent,  their  un- 
alienable reserved  rights ;  and  such  rights  as  they  deem  to 
be  of  vital  importance  they  will  defend  at  every  hazard. 
They  are  ardently  attached  to  the  Federal  Union,  and 
they  believe  its  preservation  depends  upon  the  Federal 
and  State  Governments  being  strictly  confined  within  their 
respective  constitutional  spheres  of  action.  And  that 
Georgia  has  always  acted  upon  these  principles  in  all  her 
unpleasant  conflicts  with  the  different  departments  of  the 
Federal  Government  appears  to  me  to  be  clearly  estab- 
lished by  the  verdict  of  the  grand  inquest  of  the  Ameri- 
can people.  It  must  be  admitted  that  she  has,  upon  sev- 
eral occasions,  received  the  sentence  of  condemnation  by 
Presidents,  and  Judges  of  the  Supreme  Court ;  but  the 
sovereign  people  of  the  Union  have,  upon  the  appeal  be- 
ing brought  before  them,  reversed  these  verdicts.  I  am, 
therefore,  annually  strengthened  in  the  belief  that  the  peo- 
ple of  these  United  States  are  not  only  capable  of  self- 
government,  but  of  wise  self-government;  and  I  trust  a 
kind  and  indulgent  Providence  designs,  through  the  im- 
mediate instrumentality  of  a  virtuous  people,  to  perpetu- 
ate the  blessings  of  our  good  system  of  government,  to 
the  end  of  time. 

I  am  fully  aware  of  the  various  efforts  which  have  been 
made,  and  are  still  in  operation,  with  a  view  of  identify- 
ing Georgia  with  her  sister  State,  Carolina,  in  her  new 
theories  and  novel  proceedings.  This,  gentlemen,  is  a  del- 
icate subject,  but  we  have  fallen  on  times  which  demand 
patriotic  plainness.  The  integrity  of  the  Union  is  jeopard- 
ized, and  consequently  the  liberties  of  the  people  are  en- 
dangered. I  am  sure,  gentlemen,  you  have  too  much  in- 
telligence to  believe  that  the  conduct  of  Georgia  in  the 
missionary  case  is  identical — or  a  parallel  case — with  that 
of  South  Carolina,  in  her  schemes  of  nullification,  ordin- 
ance and  all.     It  cannot  be  believed  that  anv  honest  man 


INDIANS    FROM    GEORGIA.  205 

of  common  sense  can  be  at  a  loss  to  draw  the  proper  dis- 
tinction.    South  Carolina  has  not  only  avowed  her  deter- 
mination to  resist  the  execution  of  the  revenue  laws  of 
the  country,  but  has  openly  assumed  a  position  prepara- 
tory, as  they  think,  to  disunion,  and  has    actually    com- 
menced the  organization  of  a  separate  and  distinct  gov- 
ernment, based   upon   belligerent   and   warlike   principles. 
Her  new  form  of  proposed  government  is  not  only  found- 
ed in  principles  of  hostility  to  her  old  confederates,  but 
is  arbitrary,  despotic  and  tyrannical  in  the  extreme  to  the 
minority  of  her  own  citizens  who  are  still  disposed  to  ad- 
here to  the  Union.     Now,  because  the  people  of  Georgia 
are  unitedly  resolved,  at  all  hazards,  to  maintain  and  de- 
fend their  own  local   claims,  enacted  for  the   punishment 
of  offenses  committed  against  them  within  her  acknowl- 
edged jurisdictional  limits,  shall  she,  therefore,  be  identi- 
fied with  South  Carolina?    I  trust  not.     While  the  people 
of  Georgia  had  grounds   to  believe   that   South   Carolina 
was   merely  contending   against   the   unequal    and   unjust 
burthens  of  the  present  tarifif  system,  even  her  errors  and 
inordinate  zeal  were  received  with  forbearance,  and  a  kin- 
dred feeling  was   exercised   towards   her,   even  when  her 
principles   and   theories   could    not    receive    our    sanction. 
But  the  appearance  of  the  South  Carolina  ordinance,  and 
other  subsequent  acts,  has  caused  the  great  body  of  the 
people  of  Georgia  to  respond  to  the  words  contained  in  a 
late  resolution  of  the  Legislature  of  the  State:     "  IVe  ab- 
hor mdlificatioyi:'       But  while   I  thus  deprecate   the   pro- 
ceedings of  the  ruling  party  in  South  Carolina,  I  trust  you 
will   bear  with  my  frankness  in   expressing    the    opinion 
\vhich  I  most  seriously  entertain  in  regard  to  the  provoca- 
tions of  the  Southern  States.    The  people  in  some  sections 
of  this  Union  assume  to  themselves  not  only  the  capacity 
but  the  right  to  judge  and  determine  what  measures  will 
most  effectually  promote   the  interest   of  the   South.     In 
other  words,  they  seem  to  think  they  understand  our  true 
situation,   circumstances   and   interest   better  than   we   do 
ourselves.     Now,  these  are  assumptions  which  will  never 
be  quietly  endured  by  freemen.     We  know  those  at  a  dis- 
tance are  wholly  ignorant  and  unqualified  to  manage  and 
direct  our  local  affairs.     I  have  known  for  years  that  the 
protective  tariff  system  m.ust  be  abandoned,' or  the  Union 
would  be  destroyed,  whether  real  or  imaginarv  measures 
which  are  considered  intolerable  by  whole  sections  of  our 
countrv  must  be  abandoned. 


2o6  REMOVAL  OF  THE  CHEROKEE 

In  conclusion,  permit  me  again  to  advert  to  the  case 
of  the  missionaries,  and  to  assure  you,  gentlemen,  that  I 
would  yield  anything  but  principles  which  I  deem  to  be 
inseparably  connected  with  the  best  interests  of  our  com- 
mon country  to  gratify  the  wishes  and  promote  the  hap- 
piness of  you  and  very  many  other  highly  valued  friends. 
But  it  is  my  deliberate  and  settled  opinion  that,  in  the 
present  posture  of  affairs,  it  would  be  destructive  to  vital 
constitutional  principles,  and  deeply  injurious  to  the  ex~ 
alted  character  and  reputation  of  our  present  Chief  Mag- 
istrate. It  may  be  true  that  liberating  these  men  at  the 
present  moment  might  contribute  to  the  acceleration  of 
making  an  arrangement  with  the  Cherokees  for  their 
lands  in  Georgia,  but,  desirable  as  this  object  is  to  the 
citizens  of  this  ^  ate,  I  would  greatly  prefer  another  thirty 
years'   painful   controversy   to   dishonorable   compromise. 

Admitting  I  could  at  this  moment  consent  for  Geor- 
gia to  abandon  the  ground  which  she  has  occupied  in  re- 
gard to  this  case,  what  would  be  the  inevitable  effect  ?  We 
should  not  only  be  justly  accused  of  yielding  our  princi- 
ples in  regard  to  State  rights,  but  the  charge  brought 
against  the  President  of  the  United  States  (on  account  of 
his  late  proclamation),  that  he  is  disposed  to  prostrate  the 
rights  of  the  States,  would  receive  strength  and  counten- 
ance. It  would  be  alleged  that  I  had  yielded  up  the  vital 
rights  of  Georgia  to  assist  Andrew  Jackson  in  exercising 
a  despotic  sway  over  the  State  governments,  and  to  wreak 
his  vengeance  against  the  political  men  of  South  Carolina. 
The  President's  course,  from  first  to  last,  in  relation  to 
our  local  Indian  question,  and  the  cases  which  have  arisen 
out  of  them,  affords  the  most  able  and  conclusive  defence 
of  his  correct  and  able  opinions  in  regard  to  the  reserved 
rights  of  the  States,  and  no  act  of  mine  shall  ever  contrib- 
ute to  tarnish  the  high  ground  on  which  he  stands  in  this 
respect.  The  rights  of  Georgia  which  he  has  counten- 
anced and  maintained  against  the  most  powerful  and  bitter 
opposition  will  go  far  to  shield  him  and  his  character  in 
the  future  pages  of  history  from  the  calumnies  of  the 
present  moment,  wherein  he  is  accused  of  a  disposition 
to  trample  on  the  rights  of  the  States. 

Gentlemen,  after  all  that  I  have  said,  I  trust  you  will 
perceive  that,  with  the  kindest  and  most  respectful  feel- 
ings towards  you  and  others  who  are  not  so  intimately 
identified  with  this  missionary  case  as  myself,  I  am  bound 
to  say  I  cannot  yield  to  the  assumptions  of  the  Supreme 
Court  in  this  matter.     The  permanent  prosperity  of  our 


INDIANS    FROM    GEORGIA. 


207 


beloved  common  country  forbids  my  yielding.  Let  these 
men  dismiss  the  proceedings  now  pending  before  the  Su- 
preme Court  against  Georgia,  and  let  them  apply  to  the 
proper  authority  of  the  State,  in  a  respectful  and  becom- 
ing manner,  and  they  shall  go  free,  and  not  till  then. 
With  high  consideration  and  regard,  I  am 

Your  most  obt.  servt., 

WILSON   LUMPKIN. 


Hon.  L.  Cass, 

Secretary  War 


Executive  Department,  Ga., 
Milledgeville,  19th  Jan'y,  1833. 


Dear  Sir : — I  have  just  read  yours  of  the  9th  inst.  with 
satisfaction,  and,  before  this  reaches  you,  you  will  have 
seen  my  definitive  act  in  relation  to  the  missionaries. 

The  moment  things  were  brought  to  the  proper  point 
for  which  I  had  contended,  they  were  released.  I  trust 
the  good  effects  which  you  have  anticipated  may  result 
from  this  act,  especially  in  effecting  a  satisfactory  treaty 
with  the  Cherokees. 

It  appears  to  me  that  now  is  the  most  auspicious  mo- 
ment to  effect  a  treaty  with  this  deluded  people.  The 
Cherokee  delegation,  headed  by  Ross,  are  now  in  your 
city.  The  impulse  of  their  Northern  friends,  produced  by 
their  late  conversions  to  the  emigration  plan,  may  also 
be  used  to  advantage.  But  it  is  useless  for  me  to  add  any 
suggestions  to  you  upon  this  subject.  Suffice  it  to  say  I 
have  entire  confidence  in  your  skill,  ability  and  disposi- 
tion to  manage  this  case  to  the  greatest  advantage.  And 
I  am  well  aware  that  your  anxiety  is  scarcely  less  than 
my  own,  to  terminate  the  local  embarrassment  of  Geor- 
gia on  this  subject — all  of  which,  in  all  their  bearings,  can- 
not fail  to  press  themselves  on  your  consideration.  Please 
to  make  my  respects  acceptable  to  the  President,  and  say 
to  him  if  the  Executive  Administration  can  be  sustained 
by  Congress  on  the  tariff  subject,  the  South  is  safe.  And 
receive  for  yourself  the  assurance  of  my  friendly  regard 
and  high  consideration. 

WILSON  LUMPKIN. 


2o8  REMOVAL  OF  IHE  CHEROKEE 

Executive  Department,  Ga., 
Milledgeville,  Jan'y  19,  1833. 
Hon.  Jno.  Forsyth, 

Washington  City. 

Sir : — I  thank  you  for  the  information  contained  in 
your  favor  of  the  9th  inst.,  upon  the  subject  of  the  mis- 
sionaries, although  I  had  received  the  same  intelhgence 
and  more  in  detail,  through  other  channels  previous  to 
the  reception  of  your  letter.  Before  this  reaches  you,  you 
will  have  seen  my  official  action  on  the  missionary  case, 
which,  of  course,  from  the  contents  of  your  letter,  will  be 
approved  of  by  you,  and  I  may  add,  I  entertain  no  doubt 
will  be  approved  by  every  candid,  intelligent  man,  in  and 
out  of  Georgia,  when  the  whole  ground  upon  which  I  have 
acted  shall  be  fairly  before  the  public.  Yet  I  find  there 
will  be  zealous  efforts  made  by  the  "nullifiers"  to  condemn 
my  conduct  in  releasing  these  men. 

However,  my  confidence  in  the  good  sense  and  hon- 
esty of  the  people  of  Georgia  is  firm  and  unshaken ;  their 
public  agents  have  but  little  to  fear,  so  long  as  they  do 
their  duty. 

Now,  sir,  the  only  deeply  interesting  local  matter 
in  relation  to  the  affairs  of  Georgia  is  to  effect  a  satis- 
factory treaty  with  the  Cherokees.  And  to  this  point  I 
beg  leave  to  urge  your  earnest  attention,  under  all  the 
existing  circumstances  upon  which  it  is  unnecessary  for 
me  to  dwell,  when  addressing  you  who  understand  them 
so  well.  It  appears  to  me  that  now  is  the  auspicious  mo- 
ment to  urge  successfully  for  a  treaty  with  the  Cherokees. 
Their  delegation,  headed  by  Ross,  are  now  in  Washing- 
ton. Their  Northern  friends,  under  the  impulse  of  their 
late  conversion  to  the  emigration  plan,  may  now  use  their 
influence  to  great  advantage. 

I  am,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  19th,  1833. 

Hon.  James  M.  Wayne, 

Washington  City,  D.  C. 

Dear  Sir: — I  have  just  read  your  very  interesting  let- 
ter of  the  9th  instant,  for  which  I  thank  you.     I  have  also, 


INDIANS    FROM   GEORGIA.  209 

as  you  expected,  received  a  letter  from  Mr.  Forsyth.  Be- 
fore this  reaches  you,  you  will  have  seen  my  official  ac- 
tion on  the  missionary  case.  Those  who  are  disposed  to 
war  with  the  Federal  Government — cause  or  no  cause — 
will,  of  course,  condemn  my  act  in  the  release  of  these 
men ;  but.  when  the  whole  ground  upon  which  I  have  acted 
shall  be  fairly  before  the  public,  I  entertain  no  doubt  of 
being  fully  sustained  by  the  candid,  intelligent  part  of  the 
people,  in  and  out  of  Georgia.  My  confidence  in  the  hon- 
esty and  good  sense  of  the  people  of  Georgia  is  firm  and 
unshaken  ;  their  public  agents  have  but  little  to  fear,  so 
long  as  they  do  their  duty.  Now,  my  dear  sir,  let  us  make 
every  eflfort  to  put  to  rest  forever  the  territorial  perplex- 
ities of  Georgia  by  a  speedy  formation  of  a  treaty  with 
the  Cherokees.  I  need  not  dwell,  when  addressing  you, 
upon  the  various  circumstances  which  combine  to  make 
the  present  the  most  auspicious  moment  for  urging  a 
treaty  upon  the  Cherokee  delegation  now  at  Washington, 
with  Ross  at  their  head.  Their  Northern  friends,  under 
the  impulse  of  their  late  conversion  to  the  emigration 
plan,  may  become  useful  auxiliaries  to  the  agents  of  the 
Government  in  efifecting  a  treaty.  We  should  not  slum- 
ber, or  sleep,  until  this  last  remaining  local  case  of  Geor- 
gia is  forever  put  to  rest.  I  concur  with  you  most  heart- 
ily in  forgetting  past  petty  conflicts  and  party  strifes,  and 
uniting  with  the  patriots  of  the  land  in  the  great  cause  of 
our  common  country.  I  rejoice  in  the  prospect  which 
your  letter  affords  of  a  speedy  and  satisfactory  adjust- 
ment of  the  tariflf,  and  trust  you  may  not  be  mistaken. 

Such  a  result  as  you  anticipate  will  save  the  country, 
and  hush  the  voice  of  demagogues.  The  just  rights  of 
the  South  being  sustained,  the  people  of  Georgia  will  be 
content ;  nothing  less  will,  or  ought  to,  satisfy  them,  and 
nothing  more  will  be  required,  the  efforts  of  the  disor- 
ganizers  to  the  contrary  notwithstanding.  The  policy  which 
we  have  sustained  is  unquestionably  gaining  strength, 
and  if  properly  maintained  before  the  people  cannot  be 
overturned,  based  as  it  is  upon  the  immutable  principles 
of  truth,  and  having  for  its  object  the  haopiness  and  wel- 
fare of  this  and  future  generations,  to  whose  interest  we 
have  devoted  much  of  our  past  lives. 

I  am,  with  much  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


2IO  REMOVAL  OF  IHE  CHEROKEE 

Executive  Department,  Ga., 
Aiilledgeville,  Jan'y  23rd,  1833. 

Col.  Wm.  W.  Williamson. 

Dear  Sir: — I  have  ju.st  received,  and  carefully  perused 
and  reflected  on  the  contents  of  your  letter  of  the  nth 
inst.  Take  it  altogether,  and  it  exhibits  an  unpleasant 
state  of  things  in  the  new  country ;  but  not  worse  than  I 
anticipated  for  some  time  before  the  adjournment  of  the 
Legislature.  That  nothing  was  done  in  the  way  of  legis- 
lation suited  to  the  existing  state  of  things  in  Cherokee 
is  by  no  means  justly  attributable  to  the  want  of  correct 
information  being  before  the  Legislature,  but  to  an  ob- 
vious determination  on  the  part  of  that  body  to  do  noth- 
ing which  the  interest  of  the  State  required  in  relation  to 
that  country.  It  was  repeatedly  urged  upon  the  Legis- 
lature to  make  some  final  disposition  of  the  fractions,  but 
they  would  not.  The  continuance  of  the  guard,  until  the 
organization  of  the  counties,  at  least,  was  urged  as  being 
indispensable ;  but  this  was  wholly  refused  by  the  Legis- 
lature. Indeed,  it  appeared  to  me  that  a  majority  were 
resolved  that  evil  and  confusion  should  grow  out  of  our 
arrangements  for  settling  the  new  country.  And,  what- 
ever evils  may  accrue,  the  guilt  must  fall  upon  their  own 
heads.  However,  it  is  my  duty  to  administer  such  laws 
as  I  find  to  the  best  possible  advantage,  whether  they  be 
appropriate  or  not.  And  even  where  I  have  no  law  I  must 
use  my  best  exertions  to  preserve  the  lives  and  property 
of  the  people. 

If  I  can  find  voluntary  patriotism  enough  in  the  vState 
to  aid  me  in  protecting  our  citizens  in  the  settlement  of 
the  new  country,  it  shall  be  done.  Let  no  one  think  of 
abandoning  their  new  homes,  nor  let  any  one  who  may 
be  authorized  legally  to  settle  in  the  new  country  be  de- 
terred from  doing  so.  You  have  not  only  done  right  in 
placing  a  guard  of  four  men  in  the  alarmed  neighborhood, 
but,  if  it  shall  be  necessary,  we  will  have  four  thousand 
men  in  the  country  to  protect  the  lives  of  our  citizens. 
The  murderers  of  Bowman  and  his  family  must,  and  shall, 
be  punished.  It  seems  to  me,  as  the  best  mode  of  appre- 
hending and  bringing  to  justice  these  cruel  murderers, 
that  a  suitable  reward  should  be  offered  for  the  apprehen- 
sion of  the  guilty,  which  I  would  do  forthwith,  in  a  suit- 
able manner,  if  I  was  in  possession  of  the  requisite  infor- 
mation ;  but  I  only  know  that  the  family  was  supposed  to 


INDIANS    FROM    GEORGIA.  21 1 

have  been  murdered  by  Indians — I  know  not  what  In- 
dians, or  how  many.  I  am,  therefore,  at  a  loss  how  to 
offer  rewards,  or  issue  proclamations. 

You  will,  however,  consider  yourself  authorized,  in 
my  name,  to  give  such  notice,  and  in  such  form  as  you 
may  deem  proper,  that  I  will  pay  a  just  and  liberal  reward 
to  such  person  or  persons  as  may  apprehend  and  bring 
to  justice  the  offenders.  Under  existing  circumstances, 
we  cannot,  with  propriety,  hold  the  chiefs  accountable  for 
the  depredations  committed  by  their  people ;  but  they 
may  be  assured  that  they  will  consult  the  best  interest  of 
themselves  and  people  to  be  prompt  in  aiding  and  assist- 
ing the  authorities  in  apprehending  and  punishing  prompt- 
ly all  such  depredations  as  those  recently  committed  on 
Bowman  and  his  family.  As  to  the  extent  of  danger,  or 
guard  that  may  be  necessary  for  the  protection  of  the 
people,  I  shall  rely  chiefly  on  your  judgment,  for  I  shall 
be  constantly  misled  if  I  rely  upon  the  selfish  statements 
of  interested  individuals.  I  am  fully  aware  of  the  fact 
that  your  present  agency  will  be  very  laborious  and  dif- 
ficult to  execute,  and  attended  with  many  perplexities  and 
embarrassments,  and  that,  if  you  are  so  fortunate  as  to 
succeed  in  the  execution  of  the  duties  contemplated,  your 
best  reward  will  consist  in  having  rendered  a  very  impor- 
tant service  to  your  State.  I  think,  however,  from  your 
letter  that  your  first  impressions,  from  the  reading  of  the 
late  act  of  the  Legislature  defining  your  duties,  are,  per- 
haps, not  so  correct  as  they  will  be  on  more  mature  ex- 
amination and  reflection.  I  do  not,  under  the  act,  consider 
it  your  duty  to  prevent  intrusions  on  the  fractions,  or  to 
protect  our  white  population  in  any  way.  All  I  shall  ex- 
pect from  you  in  regard  to  these  matters  is  expected  on 
account  of  my  confidence  in  your  judgment  and  patriot- 
ism, and  the  favorable  position  which  you  occupy  to  aid 
me  in  giving  me  information  and  making  arrangements 
to  meet  such  exigencies  as  may  occur. 

The  law  under  which  you  are  acting  appears  to  me  to 
be  chiefly  confined  to  the  single  object  of  guarding  and 
protecting  the  rights  of  the  Indians,  and  securing  to  them 
such  rights  and  immunities  as  may  be  guaranteed  to  them 
by  our  State  legislation.  The  difificulties  which  you  sug- 
gest and  point  out  will  become  fair  questions  for  the  ad- 
judication of  our  courts. 

I  have  always  entertained  doubts  that  the  temporary 
provision  made  by  our  laws,  with  a  view  of  securing  to  the 
Indians  their  homes,  would  be  of  little  service  to  them, 


212  REMOVAL  OF  THE  CHEROKEE 

when  surrounded  by  a  white  population.  The  white  man 
and  Indian  cannot  Hve  together,  under  such  circumstances 
as  now  exist  in  Cherokee.  But  impress  it  on  the  minds  of 
all  our  citizens  that  the  day  is  at  hand  when  the  Indians 
will  take  their  departure  from  Georgia.  I  am  not  mis- 
taken in  these  views,  and  such  considerations  should  lead 
our  citizens  to  the  exercise  of  temporary  patience  and 
forbearance. 

I  am,  with  great  respect, 

Yrs.,  &c., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 
Milledgeville,  Feb'ry  27th,  1833. 

Hon.  Geo.  W.  Owens, 

Mayor  of  the  City  of  Savannah. 

Sir: — I  have  the  honor  to  acknowledge  the  receipt 
of  your  communication  of  the  21st  inst.,  enclosing  the  copy 
of  a  memorial  of  certain  citizens  therein  named,  which 
has  been  presented  to  the  Board  of  Aldermen  of  the  City 
of  Savannah,  and  acted  upon  by  them,  as  appears  from 
the  papers  which  I  have  received.  In  reply,  I  must  beg 
leave,  in  the  first  place,  to  correct  a  misapprehension 
which  seems  to  exist  in  regard  to  the  discretionary  power 
confided  to  the  Executive  by  an  act  of  the  last  Legisla- 
ture. If  there  be  any  act  of  the  Legislature  conferring 
the  supposed  power  pointed  out  in  the  memorial  on  the 
Governor,  I  have  not  been  able  to  find  it.  I  would  re- 
spectfully ask  the  attention  of  the  respectable  citizens, 
who  are  under  the  impression  that  any  part  of  the  griev- 
ances of  which  they  complain  are  chargeable  to  the  Exec- 
utive, to  the  annual  message  of  the  Governor  to  the 
last  General  Assembly,  and  to  the  various  acts  of  the  Leg- 
islature, providing  for  the  improvement  of  roads  and 
rivers ;  and  if  such  examination  should  result  in  the  con- 
viction that  the  present  Executive  has  omitted  in  the 
slightest  degree  to  attend  to  their  interest,  as  far  as  the 
laws  of  the  State  would  authorize,  I  would  respectfully 
ask  that  the  same  may  be  pointed  out  to  me.  when  I  can 
assure  all  who  may  feel  themselves  interested  I  will 
promptly  turn  my  attention  to  their  complaints,  and  to 
the  uttermost   of  my  power  and  ability  discharge  every 


INDIANS    FROM    GEORGIA.  213 

duty  which  may  be  required  by  the  laws  of  the  State. 
I  have  the  honor  to  be 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

The  following-  was  addressed  to  the  persons  named, 
accompanying-  the  order  of  their  appointment,  under  the 
authority  of  the  Legislature  to  amend  or  draft  a  new  penal 
code  for  the  State : 

Executive  Department,  Ga., 
Milledgeville,  Jan'y  22d,  1833. 

Hon.  Wm.  Schley,  Augusta,  Ga. 

Hon.  Jno.  A.  Cuthbert,  Milledgeville,  Ga. 

Hon.  Jos.  Henry  Lumpkin,  Lexington,  Ga. 

Dear  Sirs : — The  order  of  appointment  herein  en- 
closed afifords  on  its  face  the  authority  under  which  it 
has  been  made,  and  points  out  the  duties  which  are  to 
be  performed.  The  gentlemen  associated  with  you  in  the 
appointment  are  also  named.  It  will  devolve  on  you, 
then,  to  make  such  arrangements  as  you  may  deem  ex- 
pedient for  the  prosecution  of  the  labors  contemplated 
by  the  Legislature. 

My  entire  confidence  in  the  ample  qualifications  of 
yourself  and  colleagues  for  an  able  discharge  of  the  im- 
portant duties  to  which  you  are  invited  renders  it  un- 
necessary for  me,  with  my  very  humble  pretentions  to 
legal  acquirements,  to  submit  anything  to  you  (who  are 
so  much  better  qualified)  in  the  form  of  advice,  or  instruc- 
tions. 

The  whole  matter  is,  therefore,  submitted  to  you  with 
a  full  latitude  for  the  exercise  of  that  judgment  and  dis- 
cretion which  seems  to  have  been  contemplated  by  the 
Legislature.  It  will,  however,  afford  me  great  pleasure 
to  confer  with  you  on  the  several  subjects  confided  to 
your  charge,  and  furnish  you  with  all  such  information 
as  may  be  found  on  the  folio  of  this  office  which  may,  in 
any  way,  be  calculated  to  aid  you  in  your  undertaking. 

I  am,  sir,  with  great  respect, 

Yr.  obt.  servt, 

WILSON  LUMPKIN. 


214  REMOVAL  OF  THE  CHEROKEE 

Executive   Department,  Ga., 

Milledgeville,  March  2d,  1833. 
Dr.  N.   B.    Powell, 

Macon,  Ga. 

Sir: — 1  have  just  read  your  letter  of  yesterday's  date. 
I  very  much  regret  to  hear  of  the  impediments  throv^m 
in  your  way  and  progress  in  the  execution  of  your  pub- 
lic duty,  so' far  as  relates  to  the  road  which  you  are  now 
engaged  in  making,  from  Thomaston  to  Macon.  I  can 
only  advise  you,  however,  to  prosecute  your  duty,  as  de- 
fined by  law,  and  use  your  best  judgment  in  all  matters 
left  to  your  discretion,  constantly  keeping  in  view  the  pub- 
lic interest,   regardless  of  personal  considerations. 

If  any  improper  considerations  should  so  far  prevail, 
in  any  County  or  portion  of  the  community,  as  to  pre- 
vent or  hinder  your  progress,  you  will,  of  course,  be  un- 
der the  necessity  of  abandoning  your  plan  of  rendering 
them  important  public  benefits,  and  direct  the  pubHc  re- 
sources placed  under  your  control  to  better  disposed  por- 
tions of  the  community.  You  will,  of  course,  feel  your- 
self bound  to  respect  the  decisions  of  the  judiciary.  The 
faithful  execution  of  our  laws  depends  upon  the  co-opera- 
tion of  the  different  departments  of  the  Government.  I 
entirely  approve  of  the  course  which  you  have  taken  in 
referring  the  case  to  the  advice  of  the  Solicitor  General. 
And  I  should  deem  it  most  expedient,  under  all  the  cir- 
cumstances, for  you  to  rely  entirely  upon  the  counsel  of 
the  Solicitor  General.  He  is  the  officer  of  the  Govern- 
ment, and  by  following  his  advice  you  place  the  responsi- 
bility where  it  properly  belongs. 

Very  respectfully,  your  obt.  servant, 

WILSON  LUMPKIN. 

Executive  Department,  Georgia, 

Milledgeville,  April  i8th,  1833. 

To  the  Editor  of  the  Georgia  Courier. 

Sir: — In  your  paper  of  the  15th  inst.  I  observe  the 
following  paragraph :  "A  law  of  the  last  session  requires 
the  banks  of  this  State  to  make  quarterly  reports.  We 
are  requested  to  ask  'if  they  have  been  made,  why  have 
they  not  been  published  ?'  "  For  the  information  of  the 
public  I  avail  myself  of  this  occasion  to  state  that  no  act 
of  the  Legislature  requires  quarterly  reports  to  be  made 


INDIANS    FROM    GEORGIA.  215 

by  the  officers  of  the  banks.  And  further,  that  no  act  of 
the  Legislature  directs  or  requires  the  publication  of 
bank  reports  which  may  be  made  at  any  time.  By  the 
act  of  the  Legislature,  passed  at  the  last  session,  entitled 
''An  act  more  effectually  to  secure  the  solvency  of  the 
banking  institutions  of  this  State,"  it  is  made  the  duty  of 
the  President  and  Directors  of  the  several  incorporated 
banks  of  this  State  to  make  semi-annual  returns,  on  the 
first  Monday  in  April  and  October  in  each  year,  to  the 
Governor,  ''and  to  be  stibjcd  to  the  examinatioji  of  the 
Legislature.''  Should  the  President  and  Directors  of  any 
one  or  more  of  the  banks  fail  to  comply  with  the  require- 
ments of  the  law  in  making  their  reports,  it  is  then  the 
duty  of  the  Governor  to  notify  the  Treasurer  of  the  State, 
and  the  President  and  Directors  of  the  Central  Bank,  of 
said  delinquency.  Whereupon  it  shall  not  be  lawful  to 
receive  the  bills  of  such  delinquent  bank,  or  banks,  in  the 
payment  of  any  debt  due  the  State  of  Georgia,  or  the  Cen- 
tral Bank,  until  such  returns  shall  be  made  in  conformity 
with  the  provisions  of  said  act. 

The  Governor  is  further  authorized  and  required,  as 
far  as  he  may  deem  it  expedient  and  for  the  public  inter- 
est, to  publish  the  name,  or  names,  of  any  bank,  or  banks, 
which  may  fail  to  comply  with  all  the  requisitions  of  the 
act  recited. 

Permit  me  to  add  that  the  preamble  of  the  act  under 
consideration,  7vhen  taken  alone,  would  seem  to  indicate 
the  intention  on  the  part  of  the  Legislature  to  lay  the 
reports  of  the  several  banks  directly  before  the  whole 
community.  But  when  we  take  the  preamble  and  body 
of  the  act  together,  we  are  forced  to  the  conclusion  that 
the  contemplated  publicity  was  designed  to  reach  the  pub- 
lic by  the  Governor  first  submitting  them  to  the  Legisla- 
ture. T  am  fully  apprised  of  the  intense  anxiety  which 
pervades  banking  communities  to  ascertain  the  condition 
of  each  other,  and  have  therefore  been  strictly  guarded, 
since  the  reception  of  the  returns  recently  received  from 
dififerent  banks,  under  the  late  law.  not  to  permit  access 
to  these  reports,  which  might  possibly  give  a  partial  ad- 
vantage to  one  interest  over  another.  I  shall  not  permit 
these  bank  reports  to  undergo  any  inspection  which  may 
produce  any  undue  or  partial  advantage  or  disadvantage 
to  individuals,  companies,  or  communities.  No  partial 
copies,  extracts,  or  information  shall  be  given.  The  pub- 
lication, when  made,  must  embrace  all.  I  have  long  since 
imbibed  an  aversion  to   governmental  or  official  secrets, 


2i6  REMOVAL  OF  THE  CHEROKEE 

and,  so  far  as  relates  to  myself,  I  have  no  official  acts  or 
correspondence  which  I  am  disposed  to  conceal  from  the 
public.  In  regard  to  these  bank  reports,  the  law  has 
placed  me  in  an  embarrassing  situation.  If  left  to  my  own 
discretion,  I  have  no  disposition  to  withhold  anything 
which  may  be  on  the  files  or  records  of  this  office  from 
any  citizen ;  yet  it  is  my  duty  to  execute  the  laws  of  the 
State  as  I  find  them,  and  the  law  gives  no  authority  for 
the  publication  of  these  bank  reports,  but  makes  it  my 
duty  to  lay  them  before  the  next  session  of  the  Legisla- 
ture. In  the  meantime,  I  have  had  many  applications  to 
see,  and  obtain  copies  of,  these  reports — to  grant  which 
would,  in  my  opinion,  afford  partial  and  unjust  advan- 
tages to  those  w^ho  obtain  the  information,  and  perhaps 
prove  to  be  seriously  injurious  to  the  currency  of  the 
State.  Yet,  to  refuse  access  to  these  reports  will  sub- 
ject me  to  the  illiberal  censure  of  withholding  from  the 
community  any  real  or  supposed  maladministration  of 
the  affairs  of  any  one  or  more  of  the  banks  of  the  State. 
I  have  not  yet  received  the  entire  returns  required  by 
the  late  act  of  the  Legislature  from  all  the  banks,  and, 
from  a  full  consideration  of  the  whole  subject,  I  am  not 
at  this  time  prepared  to  say  that  circumstances  may  not 
force  me  to  the  conclusion  that  justice  to  the  people,  as 
well  as  to  the  different  banks,  will  require  me  to  assume 
the  responsibility  (though  not  contemplated  or  forbidden 
by  lav/)  to  lay  the  entire  reports  before  the  public. 

I  am,  sir,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  April  22d,  1833. 
To  Andrew  Jackson, 

President  of  the  United  States. 

Dear  Sir : — I  have  deemed  it  expedient  to  inform  you 
and,  through  you,  the  Secretary  of  War,  of  the  present 
prospect  and  state  of  affairs  amongst  the  Cherokee  In- 
dians. Since  the  return  of  Ross  and  company  from  Wash- 
ington, the  prospects  of  a  treaty  with  the  Cherokees  have 
constantly  lessened.  I  am  not  prepared,  however,  to  at- 
tribute the  change  of  feeling  amongst  the  Cherokees  to  any 
influence  w^hich  may  have  been  used  by  their  own  dele- 


INDIANS    FROM    GEORGIA.  217 

gation,  but  rather  incline  to  the  opinion  that  these  indi- 
viduals are  acting  in  concert  with  the  enemies  of  good 
order  and  government.  It  is  quite  evident  that  the 
enemies  of  the  Union  are  doing  all  they  can  to  give  us 
trouble  with  the  Cherokees. 

Regardless  of  truth  or  foundation,  the  Indians  and 
Indian  countrymen  are  told  that,  under  a  late  act  of  Con- 
gress, the  way  is  prepared  to  restore  them  to  all  their 
former  high  expectations  of  independent  government, 
&c.  Idle  as  these  stories  are  known  to  be  to  every  man 
of  sense,  yet  men  of  sense  are  found  to  be  base  enough 
to  exert  their  whole  energies  thus  to  delude  and  mislead 
this  unfortunate  people.  Yea,  newspapers  and  citizens 
of  Georgia  are,  at  this  moment,  engaged  in  the  unhallowed 
work  of  fanning  the  embers  of  strife  between  the  Chero- 
kees and  the  Government  of  Georgia ;  and  I  regret  that 
in  some  neighborhoods,  where  but  few  whites  have  set- 
tled, the  Indians  have  manifested  a  spirit  of  disregard  and 
insolence  to  our  laws.  I  have,  however,  so  far  relied 
upon  the  civil  authority  of  the  new  organized  counties, 
and  shall  continue  to  do  so,  until  I  am  assured  that  there 
is  not  suflficient  moral  force  in  the  country  to  maintain 
the  supremacy  of  our  laws.  I  have  taken  proper;  steps 
to  remind  the  leading  men  amongst  the  Cherokees  that 
it  is  my  duty  to  see  that  the  laws  of  the  State  are  faith- 
fully administered  and  executed,  and  that  they  must  be 
obeyed  by  every  description  of  population  within  the 
State.  I  have  warned  them  against  adhering  to  the  coun- 
sels of  bad  men.  I  have,  moreover,  reminded  them  of  the 
kind  solicitude  with  which  I  have  watched  over  their  in- 
terest, and  how  they  have  been  shielded  from  oppression 
by  the  agents  of  the  Government  sent  amongst  them.  I 
b.ave  told  them  distinctly  (as  you  have  done  before)  that, 
so  long  as  they  remain  in  the  vState,  they  must  yield  obedi- 
ence to  its  laws.  This  course  has  become  necessary,  on 
account  of  the  falsehoods  propagated  b}^  the  enemies  of 
the  country.  Thev  have  told  the  Indians  that  the  United 
States  troops  lately  marched  from  Augusta  to  Tennessee 
were  sent  on  as  an  advance  corps  designed  to  drive  the 
Georgians  from  the  Cherokee  country. 

After  the  developments  which  will  transpire  at  the 
Cherokee  Council,  which  is  to  meet  on  the  14th  of  next 
month,  we  shall  be  better  prepared  to  judge  in  regard  to 
subsequent  measures.  You  will  please  excuse  me  for 
suggesting  that  it  may  be  useful  for  you,  in  some  distinct 
form,  to  let  the  Cherokees  know  that  all  those  statements 


2i8  REMOVAL  OF  IHE  CHEROKEE 

of  your  unprincipled  enemies  are  mere  slanders  which  go 
to  charge  you  with  any  change  of  opinion  in  regard  to 
the  rights  or  prospects  of  the  Cherokees. 

I  am,  dear  sir,  with  unabating  confidence  and  esteem, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  April  20th,  1833. 
Col.  Wm.  W.  WilHamson. 

Sir: — I  have  just  read  your  communication  of  the  17th 
inst.  Unpleasant  as  the  state  of  things  represented  in  your 
letter  may  be  in  the  new  country,  I  am  fully  prepared  for 
such  a  communication  from  you,  from  information  pre- 
viously received  from  various  sources.  The  evils  com- 
plained of  would  be  much  more  painful  to  me  if  I  had  not 
the  consolation  of  having  used  every  exertion  within  my 
control  to  prevent  them.  The  insolence  and  irregularity 
of  the  Indians  may  be  traced,  first,  to  the  imprudence  of 
the  Legislature  in  abolishing  the  guard ;  and,  secondly, 
to  the  unprincipled  and  lying  newspapers  and  demagogues 
of  our  own  State.  Under  the  provisions  of  the  act  of  the 
Legislature  under  which  you  are  now  engaged,  your  a  1- 
thority  is  now  at  an  end. 

The  new  counties  are  now  organized.  It  is  the  duty 
of  the  civil  officers  of  the  new  counties  to  execute  the 
laws  and  maintain  good  order.  If  the  state  of  the  popu- 
lation should  be  found  to  be  such  as  not  to  afiford  the 
moral  force  to  execute  the  laws,  let  the  proof  be  sub- 
mitted to  me,  and  I  shall  then  feel  myself  authorized  to 
maintain  the  laws  of  the  State  by  all  the  means  which  the 
laws  and  Constitution  of  the  State  place  within  my  con- 
trol. I  deeply  regret  the  evil  eflfects  of  the  falsehoods  and 
perversions  which  have  been  resorted  to  by  the  enemies 
of  good  government  to  mislead  the  deluded  Indians,  and 
white  men  connected  with  them  ;  but  the  penalty  of  all 
the  mischief  will  fall  more  severely  on  their  own  heads. 
I  agree  with  you  in  believing  that  the  enemies  of  Georgia 
as  well  as  of  her  true  friends  will  be  so  far  able  to  delude 
the  Indians  as  to  prevent  their  making  a  treaty  this  spring. 
If  they  do.  the  door  of  emigration  will  again  be  opened, 
and  those  who  decline  availing  themselves  of  the  benefits 


INDIANS    FROM    GEORGIA.  219 

of  that  last  best  offer  will  sorely  repent  it,  for  the  next 
I^eg-islature  of  Georgia  will  most  certainly  authorize  the 
granting  of  all  the  lands  in  the  occupancy  of  white  men, 
as  well  as  the  lands  of  individuals  who  have  heretofore 
been  paid  for  reserves  under  former  treaties.  You  are 
mistaken  in  supposing  I  have  authority  to  issue  grants 
to  lands  which  have  been  returned  by  the  surveyors  as 
being  in  the  occupancy  of  natives,  or  the  descendants  of 
natives.  It  is  my  sworn  duty  to  make  the  lav/  my  <_fuide. 
If  I  had  the  power  to  make  the  law,  as  well  as  to  execute 
it,  I  covild  then  promptly  meet  many  of  the  difficulties 
which  you  suggest.  But  I  must  adhere  to  the  laws  as  I 
find  them. 

Your  views  in  regard  to  white  men  claiming  Indian 
privileges  are  correct,  and  I  have  for  some  time  past  been 
receiving  information  in  regard  to  the  conduct  of  the  in- 
dividuals whom  you  have  named.  But  the  meeting  of  the 
next  Legislature  will  put  an  end  to  their  supposed  great- 
ness and  influence.  The  Cherokee  Council,  in  May,  will 
develop  the  course  of  measures  which  ought  to  b(,'  pur- 
sued. I  am  very  desirous  of  having  the  opportunity  of 
seeing  you,  and  conversing  freely  and  fully  with  you,  pre- 
vious to  the  meeting  of  the  Cherokee  Council.  Upon  the 
reception  of  this,  you  are  authorized  to  dismiss  your 
guard,  and  repair  to  this  place,  with  a  view  of  making 
your  closing  report  as  agent,  &c. 

And  permit  me,  now,  to  apprise  you  that  my  present 
impression  is  that  your  attendance  on  the  approaching 
Cherokee  Council  might  be  of  great  use  to  the  State ;  and. 
if  so  concluded,  after  full  consultation,  I  will  commission 
you  to  attend  to  that  duty,  and  put  you  in  full  possession 
of  my  further  views  in  regard  to  our  Indian  affairs.  Do 
not  fail  to  write  to  me  immediately,  and  let  me  know 
whether  you  are  willing  to  attend  the  Cherokee  Council — ■ 
first  visiting  this  place. 

Yours,  with  great  respect, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  May  2nd,  1833. 
Col.  \Ym.  N.  Bishop, 

Spring  Place,  Murray  Co.,  Ga. 

Dear  Sir : — I  have  just  read  with  feelings  of  deep  in- 
terest your  letter  of  the  24th  ult.     I  hope  before  this  you 


220  KliMuVAL  OF  THE  CHEROKEE 

have  received  my  letter  to  you  of  the  26th  ult.,  which  will 
afford  you  most  of  my  views  in  relation  to  the  subjects 
to  which  you  have  called  my  attention.  Permit  me  now, 
however,  further  to  remark  to  you  that  the  approaching 
Council  of  the  Cherokees  will  be  the  favorable  time  to  ar- 
rest the  various  evils  of  which  you  complain,  and  you  may 
rest  assured  that  I  have  made  the  best  arrangements 
which  my  judgment  could  devise  to  have  all  these  various 
matters  attended  to.  Should  my  anticipations  of  putting 
a  stop  to  the  disorders  of  which  you  complain  by  the 
means  now  in  progress  fail  of  success,  you  may  rest  as- 
sured, and  assure  others,  that,  immediately  after  the  ad- 
journment of  the  Cherokee  Council,  other  and  efificient 
measures  will  be  resorted  to  by  me  to  ensure  a  faithful 
administration  of  our  laws  in  every  part  of  the  new  coun- 
try. 

I  shall  have  an  agent  at  the  Cherokee  Council  who 
will  be  in  possession  of  your  views,  and  those  of  other 
gentlemen  whose  opinions  coincide  with  yours,  on  the 
state  of  our  affairs  in  your  country,  who  will  pay  special 
attention  to  the  several  subjects  embraced  in  your  com- 
munications. Lest  my  former  communication  should  by 
some  means  miscarry,  I  again  acknowledge  the  receipt  of 
the  notes  and  satisfactory  report  which  you  have  trans- 
mitted to  the  department,  as  renting  agent,  &c. 

I  still  regard  the  present  unpleasant  state  of  things 
in  your  neighborhood  as  temporary,  and  as  growing  out 
of  the  causes  pointed  out  in  my  former  letter,  which  I 
hope  you  have  received  before  this  time. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department, 

Milledgeville,  May  loth,  1833. 
Gen'l  Thomas  Glascock, 

Augusta,  Georgia. 

Sir : — Having  put  you  fully  in  possession  of  my  views 
and  policy  in  regard  to  the  existing  relations  between 
this  State,  the  Cherokee  Indians,  and  the  Federal  Gov- 
ernment, and  having  also  laid  before  you  a  full  view  of 
the  present  state  of  our  Indian  affairs,  as  well  as  the  in- 
formation and  evidence  upon  which  my  opinions  have 
been  formed,  I  deem  it,  therefore,  unnecessary,  in  this 
letter  of  general  instructions,  to  refer  specifically  to  the 


INDIANS    FROM    GEORGIA.  221 

evidence  which  has  led  me  to  the  concKisions  to  which 
I  have  arrived. 

First.  It  may  be  proper  to  remark  that  in  appeaHng 
to  your  patriotism  to  undertake  the  agency  of  attending 
the  approaching  Cherokee  Council,  I  have  done  so  on  my 
own  responsibility,  as  the  only  officer  of  government  who 
has  the  power  to  meet  the  present  contingency  in  repre- 
senting the  indispensable  and  great  interest  of  the  people 
of  Georgia  at  the  approaching  Cherokee  Council.  Your 
expenses,  and  a  reasonable  compensation,  will,  therefore, 
be  paid  out  of  the  contingent  fund. 

Second.  You  will  consider  yourself  particularly  in- 
structed, should  you  have  an  opportunity  of  conferring 
with  any  responsible  agents  of  the  Federal  Government 
who  may  be  entitled  to  your  confidence,  to  explain  to 
them  fully  the  objects  of  your  mission.  Assure  them  of 
our  unabating  confidence  in  the  Executive  authorities  of 
the  United  States,  and  of  our  disposition  to  co-operate 
with  the  Federal  authorities  in  carrying  into  eflfect  the 
joint  object  of  Indian  emigration. 

Third.  I  am  not  at  this  time  prepared  to  determine 
how  far  you  may  have  the  authority  of  the  Executive  Gov- 
ernment of  the  United  States  in  a  direct  form  which  may 
enable  you  to  contradict  and  disprove  the  various  false 
reports  which  have  been  propagated  amongst  the  Chero- 
kees,  with  a  view  of  preventing  them  from  making  a  treaty. 

The  great  and  leading  object,  however,  of  your  mis- 
sion will  be  to  convince  the  Indians  and  Indian  country- 
men, as  well  as  our  citizens  of  every  description,  of  the 
imperative  necessity  of  respecting  and  enforcing  the  laws 
of  Georgia  throughout  what  is  still  called  the  Cherokee 
Country.  If  reason  and  considerations  of  interest  should 
fail  to  sustain  the  execution  of  our  laws,  other  and  strong- 
er measures  must  and  will  be  resorted  to.  The  kind  re- 
gards which  the  authorities  of  Georgia  have  manifested 
and  practised  towards  the  Indians  since  I  entered  upon 
my  Executive  duties  might  be  urged  with  force.  The 
agents  whom  I  have  sent  amongst  the  Indians  have  treated 
them  not  only  with  justice,  but  with  much  kindness. 

Many  considerations  of  deep  interest  to  the  Cherokees 
may  be  urged  upon  them  with  a  view  of  convincing  them 
that  the  present  is  the  most  favorable  and  auspicious  time 
for  them  to  close  with  the  terms  proposed  by  the  Fed- 
eral Government.  If  they  refuse  to  treat,  a  door  will  be 
forthwith  opened  for  enrollment  and  emigration,  which 
will  divide  and  take  of¥  a  great  part  of  their  present  popu- 


222  REMOVAL  OF  IHE  CHEROKEE 

lation  whose  places  will  immediately  be  filled  up  by  the 
whites.  Moreover,  the  Legislature  of  Georgia  will  not 
much  longer  permit  white  men  to  remain  in  the  country, 
in  the  full  enjoyment  of  the  double  rights  of  being  citizens 
of  the  State  and,  at  the  same  time,  enjoy  exclusive  privil- 
eges under  the  pretext  of  native  rights.  Those  who  re- 
main in  the  country  cannot  expect,  as  our  population  in- 
creases, to  enjoy  the  extraordinary  privileges  and  pro- 
tection now  guaranteed  to  them.  It  is  extreme  folly  and 
wholly  fallacious  for  the  Cherokees  to  entertain  the  shad- 
ow of  a  hope  that  the  Federal  Government  will  ever  at- 
tempt, in  the  slightest  degree,  to  overturn  the  laws  of 
Georgia  in  regard  to  the  soil  or  population  within  the 
chartered  limits  of  the  State.  Upon  all  these  various 
heads  I  have  full  confidence  in  your  qualifications  to  do 
ample  justice  to  the  rights  and  views  of  the  State,  and 
therefore  deem  it  unnecessary  to  enlarge  upon  the  sev- 
eral subjects  adverted  to.  After  the  Council  shall  have 
met,  should  you  deem  it  expedient  under  the  circum- 
stances which  may  be  presented,  you  will  deliver  the  talk 
herewith  presented  to  the  Cherokees  in  Council  assembled  ; 
otherwise,  you  can  withhold  and  return  it  to  this  depart- 
ment. In  conclusion,  permit  me  to  urge  the  importance 
of  your  using  every  exertion  to  procure  accurate  and  cor- 
rect information  in  regard  to  the  present  state  of  feel- 
ings amongst  the  Indians  and  whites  now  residing  in  the 
new  country,  and  of  every  important  transaction  which 
may  take  place  at  the  Council,  and  report  to  me  with  all 
possible  dispatch  after  the  adjournment  of  the  Council. 

I  look  to  the  information  which  you  may  communi- 
cate with  much  confidence,  as  being  useful  in  affording 
an  index  for  our  future  operations  in  relation  to  our  In- 
dian affairs. 

I  am,  dr.  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville.  May  13th,  1833. 
Hon.   Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  the  honor  tn  acknowledge  the  receipt  of 
your  letter  of  the  2d  inst.,  together  with  the  copies  of  the 
letters  therein  referred  to,  bv  the  hand  of  Col.  Abbott. 


INDIANS    FROM    GEORGIA.  223 

The  course  which  you  have  adopted,  and  the  means 
which  you  have  afforded  to  correct  the  false  impressions 
which  have  been  made  upon  the  minds  of  the  Cherokees 
and  other  deluded  persons,  meet  my  approbation,  and 
are  highly  satisfactory. 

I  have  made  arrangements  which  will  accomplish  the 
desirable  object  of  having  the  contents  of  these  papers 
made  known  to  the  Cherokees  who  may  assemble  in  Coun- 
cil. Moreover,  with  a  view  of  correcting  the  misrepre- 
sentations which  have  been  made  through  the  press,  and 
other  channels,  I  shall  take  the  liberty  of  having  these 
communications  laid  before  the  public  (and  your  official 
letter,  together  with  copies  of  the  letters  of  Mr.  Herring 
to  the  agents  of  the  United  States  and  to  the  Cherokees). 
Under  all  the  circumstances,  I  trust  you  will  concur  with 
me  in  regard  to  the  propriety  of  the  publication  of  these 
ofificial  letters.  My  agent,  Gen'l  Glascock,  who  will  at- 
tend the  Cherokee  Council,  wall  report  to  me  the  result, 
immediately  after  which  you  may  expect  to  hear  from  me 
on  the  subject  of  our  Cherokee  affairs ;  and,  if  necessary, 
you  shall  have  my  views  fully  on  the  subject  of  emigra- 
tion. 

I  have  the  honor  to  be,  very  respectfully. 

Yours,  &c., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 

Milledgeville,  May  30th,   1833. 

To  the  President  and  Directors  of  the  Central  Bank. 

Gentlemen : — I  have  this  morning  received  a  notice  and 
extract  from  your  minutes,  through  Mr.  Malone,  the 
Cashier  of  the  Bank,  apprising  me  of  the  resignation  of 
Mr.  H.  V.  Howard,  as  bookkeeper  in  the  Bank,  and 
further,  that  you  would  this  day,  at  3  o'clock  p.  m.,  pro- 
ceed to  the  election  of  an  individual  to  fill  said  vacancy. 
You  have  my  approbation  to  carry  into  effect  your  reso- 
lution in  regard  to  filling  said  vacancy,  and  should  I  de- 
cline the  exercise  of  my  right  in  participating  in  the  se- 
lection of  an  individual  to  fill  said  vacancy,  it  will  be  done 
under  the  conviction  that  the  public  interest  will  be  duly 
regarded  by  those  wdiom  I  have  appointed  under  the  laws 
of  the  State  to  manage  and  govern  the  affairs  of  this  pub- 


224  REMOVAL  OF  THE  CHEROKEE 

lie   institution,   in   which   the   whole    community   have   the 
right  to  feel  a  deep  interest. 

I  am,  gentlemen,  very  respectfully,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  May  31st,  1833. 
Major  Benj.  F.  Curry, 

New  Echota. 

Sir: — Your  favors  of  the  nth  and  i8th  inst.  have  been 
duly  received,  and  for  which  I  thank  you,  as  they  will  aid 
me  in  prosecuting  my  views  to  promote  the  public  inter- 
est. 

I  fully  concur  with  you  as  to  the  results  which  will 
grow  out  of  all  that  has  transpired  at  the  late  Cherokee 
Council. 

Your  views  in  regard  to  the  policy  which  ought  forth- 
with to  be  adopted,  and  your  plan  of  execution  in  every 
important  point,  coincide  with  my  own,  and  I  have  so  in- 
formed the  Secretary  of  War.  I  have,  moreover,  apprised 
the  Secretary  of  the  great  importance  which  I  attach  to 
a  judicious  selection  of  agents  to  enter  upon  the  enrolling 
business.  They  should  be  men  of  weight  of  character, 
capacity,  and  high  standing — the  situation  of  the  country 
at  this  time  requires  such  qualifications  in  the  agents  of 
the  Government. 

Present  circumstances  place  what  remains  to  be  done 
in  consummating  the  emigration  of  the  Cherokees  prin- 
cipally on  the  authorities  of  Georgia.  I  therefore  am 
highly  gratified  at  the  harmonious  understanding  and  ac- 
tion which  exists  between  the  agents  of  the  Federal  and 
State  Governments.  It  is  necessary  that  our  efforts 
should  be  united  to  produce  the  best  results.  Indeed,  the 
present  Federal  administration  has  performed  its  whole 
duty  in  endeavoring  to  remove  the  Indians  from  Georgia, 
and  thereby  fulfil  its  engagements  to  the  State,  en- 
tered into  by  the  Compact  of  1802.  A  judicious 
exercise  of  State  authority  must  accomplish  what 
remains  to  be  done.  The  suggestions  contained  in  vour 
diflferent  communications  will  be  highly  useful  to  me,  in 
fixing  upon  the  details  of  such  legislation  as  will  become 
necessary  for  me  to  recommend  to  the  next  Legislature. 

Every  week  affords  me  some  new  light  calculated  to 
point  out  the  defects  of  our  existing  laws  in  relation  to 
the  Indians.     And  I  shall  carefully  note  the  various  dif- 


INDIANS    FROM    GEORGIA.  225 

ficulties  which  may  grow  out  of  the  defects  of  our  present 
laws,  and  urge  the  appropriate  remedy  on  the  considera- 
tion of  the  Legislature.  I  regret  to  find  under  our  pres- 
ent laws  it  is  extremely  difficult,  in  many  cases,  to  guard 
the  rights  and  interests  of  our  newly  settled  population. 
But  all  that  can  be  done  by  me  has  been  and  shall  be  done 
to  get  through  the  present  year  as  much  to  the  interest 
of  our  citizens  as  can  be  efifected  under  the  existing  state 
of  things.  And  our  people  may  rest  assured  that  the  day 
is  not  far  distant  when  the  evils  complained  of  will  be 
fully  and  completely  remedied.  The  case  of  the  woman 
which  you  mention  shall  not  be  passed  over  with  entire 
impunity.  I  will  write  to  the  Solicitor  General  on  the 
subject,  and  direct  that  no  pains  be  spared  in  the  investi- 
gation of  the  case.  And  if  any-  part  of  the  conduct  of 
Ross,  or  his  co-workers,  can  be  reached  by  our  existing 
laws,  they  shall  feel  the  force  and  penalty  of  the  law. 
However  inadequate  our  laws  are,  they  must  be  executed 
as  we  find  them.  Their  supremacy  must  be  maintained. 
The  defects  must  be  remedied  by  constituted  authority. 
Verv  respectfullv,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  May  31st,  1833. 
Hon.  Lewis  Cass, 

Secretary  of  War. 
Sir: — Before  this  reaches  you  you  will  have  learned 
through  other  channels,  the  result  of  the  late  Cherokee 
Council.  You  will  also  have  discovered  the  use  which  I 
have  made  of  the  means  which  you  were  so  kind  as  to  af- 
ford me,  to  dispel  the  delusions  imbibed  by  the  Chero- 
kees  through  the  false  statements  of  bad  men,  and  evil 
counsellors.  From  the  report  of  Gen'l  Glascock  (who 
attended  the  Council  as  my  agent),  and  letters  which  I 
have  received  from  Maj.  Curry,  special  agent  of  the 
United  States,  I  entertain  no  doubt  of  the  good  efTects 
which  have  and  will  result  from  what  transpired  at  the 
late  Council.  It  has  afforded  a  favorable  opportunity 
which  has  been  well  improved  by  both  the  agents  of  the 
Federal  and  State  Governments,  to  enlighten  the  minds 
of  the  Cherokee  people,  by  the  force  of  truth  and  docu- 
mentary evidence  which  will  hereafter  prevent  the  recur- 
rence of  practising  upon  them  gross  and  deceptive  false- 
hoods in  regard  to  the  real  state  of  their  present  aflfairs. 


226  REMOVAL  OF  THE  CHEROKEE 

Everything  is  now  harmonious  and  well  understood  upon 
this  subject  between  the  agents  of  the  Federal  and  State 
Governments ;  and  the  important  duty  which  now  pre- 
sents itself  is  to  use  to  the  best  advantage  the  means  un- 
der our  control  in  bringing  to  the  most  speedy  and  happy 
issue  the  great  and  benevolent  object  of  removing  the  In- 
dians beyond  the  limits  of  the  States — the  only  hope  of 
rescuing  them  from  speedy  extermination. 

Circumstances  now  place  much  of  the  responsibility 
of  what  remains  to  be  done  in  regard  to  the  Indians  who 
still  remain  in  Georgia  upon  the  authorities  of  the  State. 
The  present  administration  of  the  Federal  Government 
has  performed  every  duty  in  endeavoring  to  fulfil  the  Com- 
pact of  1802.  What  remains  to  be  done  depends  very 
much  upon  a  judicious  management  of  State  authority. 
Under  this  view  of  the  subject  I  hope  I  shall  not  be  con- 
sidered as  assuming  too  much  in  mingling  my  efiforts  with 
yours  in  accomplishing  the  same  desired  object.  I  con- 
cur with  Major  Curry  and  Gen'l  Glascock  in  believing 
that  the  business  of  enrolling  names,  in  favor  of  a  treaty, 
should  be  commenced  throughout  the  Cherokee  country, 
with  a  condition  that  if  no  treaty  is  concluded  during  the 
ensuing  fall  or  early  in  the  winter,  they  shall  be  removed 
on  the  terms  proposed  by  the  President  to  the  Cherokees, 
through  Mr.  Chester,  guaranteeing  to  them,  as  well  as  all 
those  who  have  preceded  them,  an  equal  share  of  any  com- 
pensation, or  annuity,  which  may  hereafter  be  secured  by 
those  remaining,  by  any  final  arrangement  which  may  be 
made  by  the  Government ;  also,  that  they  shall  be  paid 
their  proportion  of  the  three  years'  annuity  now  due  them 
before  their  departure  hence,  and  be  entitled  to  their  pro- 
portion of  the  moneys  arising  from  the  sale  of  the  twelve 
miles  square,  under  the  Treaty  of  1819,  for  the  benefit  of 
schools  in  the  Eastern  nation.  I  deem  it  unnecessary  to 
enter  upon  further  particulars  at  this  time,  having  here- 
tofore signified  my  general  assent  to  the  plan  submitted 
to  you  by  Maj.  Curry,  whose  judgment  in  these  matters 
I  consider  entitled  to  much  weight  and  consideration. 

I  am  clearly  of  the  opinion  that  enrolling  agents  ought 
to  be  immediately  appointed ;  and  pardon  me  for  saying 
that  great  caution  in  their  selection  should  be  observed, 
for  much  will  depend  on  their  weight  of  character  and 
standing  in  the  country. 

I  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA. 


227 


Executive  Department,  Ga., 

Milledgeville,  May  31st,  1833. 
Gen'l  Thos.  Glascock, 

Augusta,  Ga. 

Dear  Sir : — On  my  return  to  this  place  (after  a  week's 
absence)  I  was  gratified  in  the  perusal  of  your  interesting 
report  of  your  late  tour  to,  and  attendance  at,  the  Chero- 
kee Council.  I  feel  confident  that  your  mission  has  been, 
and  will  be,  extensively  useful  to  the  State.  As  far  as  I 
am  able  to  judge  from  your  communication,  I  am  highly 
pleased  with  the  mode  and  manner  in  which  you  have  per- 
formed the  several  duties  confided  to  your  charge.  I  re- 
gret, however,  I  could  not  have  had  the  pleasure  of  full 
and  free  consultation  with  you  on  all  subjects  relating  to 
the  present  posture  of  our  Indian  afifairs.  It  was  very  de- 
sirable that  I  should  have  seen  you  previous  to  my  cor- 
responding with  the  Secretary  of  War  on  the  subject  of 
the  enrolling  agency  which  it  now  becomes  necessary  to 
establish  ;  for  I  concur  with  you  fully  in  attaching  great 
importance  to  a  judicious  selection  of  the  agents  who  are 
to  be  employed  in  this  business.  I  know  that  much  de- 
pends upon  the  character  and  prudence,  capacity  and  good 
standing,  of  the  agents  who  may  be  engaged  in  the  Cher- 
okee country  at  this  time  ;  and  I  find  myself  placed  (as  I 
have  often  been  heretofore)  in  the  unpleasant  situation 
of  having  incompetent  men  pressing  themselves  on  me. 
while  those  who  are  competent  are  restrained,  from  self- 
respect,  from  even  informing  me  whether  their  services 
can  be  obtained  or  not.  Do  speak  freely  to  me  on  this 
subject.  Who  can  be  obtained?  And  who  would  be  the 
best  selection?  How  many  agents  are  necessary?  If 
you  do  not  visit  here  shortly,  please  write  to  me  fully  and 
plainlv.  We  must  not  shrink  from  any  responsibility  which 
the  interest  of  the  country  requires,  let  it  offend  whom  it 
may. 

Since  you  left  here  I  have  received  a  second  commu- 
nication from  Maj.  Curry,  from  which  I  learn  that  noth- 
ing of  importance  transpired  at  the  Council  after  you  left 
there.  I  shall  write  to  the  Secretary  of  War  to-day,  but 
shall  leave  open  the  subject  of  the  appointment  of  agents, 
&c.,  until  I  see  or  hear  from  you.  Upon  the  whole,  I  see 
my  way  clearly  in  bringing  to  a  hapnv  issue  our  Indian 
and  territorial  perplexities,  notwithstanding  the  many  em- 
barrassments which  have  been  thrown  in  my  way  by  those 
who  ought  to  have  lent  a  helping  hand  to  promote  the 


228  REMOVAL  OF  IHE  CHEROKEE 

interest  of  the  State  in  the  adjustment  of  these  our  long 
standing  strifes.  Under  the  present  administration  of 
the  Federal  Government,  everything  has  been  done  that 
could  be  effected,  to  comply  with  the  Compact  of  1802. 
What  remains  to  be  done  must  now  be  executed  by  a 
judicious  exercise  of  State  authority,  and  which  I  trust 
will  be  completed  by  the  end  of  my  present  Executive 
term. 

I  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  July  13th,  1833. 
Major  B.  F.  Curry, 

Calhoun,  Tenn. 

Sir : — I  have  received  a  communication  from  the  War 
Department  requesting  me  to  select  two  suitable  persons 
to  assist  you  in  the  performance  of  your  duties  in  the  en- 
rolling of  the  Cherokees ;  and,  further,  to  direct  the  per- 
sons thus  selected  to  report  themselves  to  you  for  instruc- 
tions at  as  early  a  day  as  possible.  I  have  been  delayed 
in  acting  upon  this  business  with  that  promptitude  which 
I  desired,  on  account  of  the  disappointments  which  I  have 
met  with,  in  ascertaining  whether  the  services  of  gentle- 
men whom  I  deemed  most  suitable  could  be  obtained ; 
and  I  regret  to  say  that,  to  some  extent,  I  am  still  in  sus- 
pense. 

However,  I  have  come  to  the  conclusion  to  submit 
to  you  the  name  of  Col.  Wm.  Harden,  of  Cass  County, 
as  one  of  the  persons  selected  by  me,  and  shall  report  his 
name  to  the  War  Department  as  such.  The  selection  of  the 
other  assistant  will  be  made  in  a  few  days,  and  communi- 
cated to  you  without  delay.  I  trust  you  will  find  Col.  Har- 
den a  vigilant,  competent,  and  efficient  assistant,  and 
ready  to  co-operate  with  you  in  all  measures  calculated 
to  promote  the  objects  of  your  appointment.  I  shall,  sir, 
be  disposed  to  communicate  freely  and  fully  with  you,  on 
all  subjects  connected  with  your  agency  so  far,  at  least, 
as  the  interest  of  the  State  of  Georgia  may  be  concerned. 

I  am,  with  great  respect,  &c., 

WILSON  LUMPKIN. 


INDIANS    FROM   GEORGIA. 


229 


Executive  Department,  Ga., 

jNHlledgeville,  Aug.   19th,  1833. 

His  Excellency,  Gov.  Gayle, 

of  Alabama. 

Sir : — I  have  the  honor  to  transmit  to  your  Excellency 
the  enclosed  affidavit  of  James  P.  Guerry,  and  other  pro- 
ceedings had  thereon  before  the  Hon.  Lott  Warren, 
Judge  of  the  Superior  Court  in  the  Southern  District  of 
Georgia,  by  which  Wm.  Alday,  of  the  County  of  Wilkin- 
son, in  this  State,  stands  charged  with  the  ofifense  of  negro 
stealing.  And  it  being  represented  to  me  that  the  said 
William  Alday  has  fled  from  justice  and  is  now  within  the 
limits  of  the  State  over  which  you  preside,  I  have  to  re- 
quest that  your  Excellency  will  cause  the  said  fugitive 
to  be  delivered  to  Jno.  T.  McCrary,  whom  I  have  ap- 
pointed agent  on  the  part  of  this  State,  under  the  provis- 
ions of  the  act  of  Congress,  passed  12  Feb'ry,  1793,  re- 
specting fugitives,  to  receive  and  bring  him  to  the  County 
of  Twiggs,  in  this  State,  where  the  said  ofifense  is  alleged 
to  have  been  committed.  It  being  represented  that  the 
said  fugitive  has  been  arrested  and  confined  in  the  jail 
at  Montgomery,  it  will  be  a  great  convenience  to  the  said 
agent  to  meet  your  order  for  the  delivery  of  the  accused 
in  that  place,  and  for  this  purpose  I  take  the  liberty  to 
request  that  a  warrant  to  that  efifect  be  transmitted  to  the 
jailer  at  Montgomery  without  delay. 

I  have  the  honor  to  be 

Yr.  obt.  servt., 

W.   LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  August  26th.  1833. 
Col.  Wm.  C.  Lyman. 

Sir : — I  have  received  several  communications  on  the 
subject  of  routes  for  roads  in  the  new  counties,  anticipat- 
ing, as  they  do,  some  aid  from  the  State  hands,  all  of 
which  I  should  like  to  lav  before  vou,  for  consideration, 
&c. 

Your  overseer,  Mr.  Hill,  informed  me  a  few  days  ago 
that  his  negroes  were  becoming  very  sickly,  and  that  he 
thought  it  necessary  to  remove  them  to  a  more  healthy 
neighborhood.  We  are  also  urged  upon  every  hand  to 
remove  said  hands  to  the  road  from  Macon  to  this  place. 


230  REMOVAL  OF  THE  CHEROKEE 

I  shall  be  glad  to  see  you,  and  consult  with  you  on  these 
and  other  matters  connected  with  the  public  service  in 
which  you  are  engaged.  In  anticipation  of  what  wnl  be 
necessary  to  lay  before  the  approaching  session  of  the 
Legislature,  I  take  this  occasion  to  suggest  to  you  that 
it  is  very  desirable  on  my  part,  and  cannot  fail  to  be  use- 
ful to  the  Legislature  and  the  public  interest,  for  the  Ex- 
ecutive to  be  able  to  lay  before  the  Legislature  the  most 
ample,  clear  and  distinct  views  of  the  progress  and  pres- 
ent condition  of  every  branch  of  the  public  interest.  I 
should  therefore  like  to  have  from  you  a  condensed  state- 
ment which  would  exhibit  at  one  view,  first,  the  aggre- 
gate of  your  disbursements  since  you  came  into  office ; 
the  aggregate  of  road  made  bv  the  hands  under  your 
command ;  a  full  and  fair  description  of  each  slave  under 
your  command  at  present,  and  their  respective  stations ; 
the  number  of  deaths ;  the  number  disposed  of  under  Ex- 
ecutive orders,  and  how  the  proceeds  have  been  applied. 
Also  the  number,  quantity,  &c.,  of  mules,  oxen,  vehicles, 
tools,  implements,  &c. 

I  consider  this  information  the  more  important  from 
the  apprehension  that  the  Legislature  may  deem  it  ex- 
pedient to  discontinue  our  present  plan  of  operations, 
and  may  therefore  provide  for  disposing  of  the  stock  on 
hand,  including  the  negroes.  All  of  which  is  respectfully 
suggested  to  you,  with  a  view  to  the  interest  and  infor- 
mation of  the  public. 

Very  respectfully, 

WILSON  LUMPKIN. 


Executive  Department,  Georgia. 

Milledgeville,  Dec.  loth,  1833. 

To  E.  P.   Gaines,  Isaac  Rawlings,  Jno.  Pope,  Robertson 

Tapp,  and  James  Ross,  Esquires. 

Gentlemen : — Your  communication  of  the  25th  ult., 
with  the  papers  therein  referred  to,  have  been  duly  re- 
ceived at  this  department,  and,  without  delay  communi- 
cated to  the  General  Assembly  of  this  State,  now  in  ses- 
sion. The  objects  contemplated  by  the  "Atlantic  &  Mis- 
sissippi Railroad  Company"  are  entitled  to  the  respectful 
consideration  of  the  public  authorities  of  the  several 
States,  whose  citizens  are  so  deeply  interested  in  the 
grand  work  contemplated.     I   can   but  regret  that  your 


INDIANS    FROM    GEORGIA.  231 

views  and  communications  did  not  reach  this  department 
at  an  early  period  of  the  session  of  the  General  Assembly, 
fearing,  as  I  do,  that  the  near  approach  of  the  adjourn- 
ment of  that  body  will  prevent  that  investigation  which 
might  otherwise  have   been   reasonably   expected. 

I  have  the  honor  to  be 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


CHAPTER  XI. 


OFFICIAL  LETTERS,  1834. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  6th,  1834. 
Wm.   G.    Springer,  Esq. 

Sir : — Under  the  authority  of  an  act  of  the  General 
Assembly,  passed  on  the  20th  of  Dec'r  last,  I  have  ap- 
pointed you  agent  for  the  purpose  of  carrying  into  efifect 
the  provisions  of  the  act  referred  to,  which  act  is  intended 
to  provide  more  fully  for  the  government  and  protection 
of  the  Cherokee  Indians  residing  within  the  limits  of  this 
State. 

Upon  a  careful  examination  of  the  law  under  which 
you  receive  your  appointment,  and  which  prescribes  your 
various  duties  and  responsibilities,  you  will  readily  per- 
ceive your  duties  will  be  arduous,  complicated,  and  often 
have  to  be  executed  with  difficulty.  At  the  same  time, 
the  compensation  allowed  you  by  law,  I  feel  free  to  say, 
I  deem  to  be  inadequate  to  the  services  and  responsibili- 
ties imposed  upon  the  agent. 

Nevertheless,  the  services  to  which  you  are  called  are 
deeply  interesting  to  the  people  of  the  State,  and  if  you 
should  succeed  in  accomplishing,  to  the  satisfaction  of  the 
country,  the  important  objects  contemplated  by  the  Leg- 
islature, your  labors  will  no  doubt  be  duly  appreciated 
by  the  people,  and  their  representatives,  hereafter. 

The  best  instruction  which  I  am  able  to  give  you  is 
to  urge  upon  your  consideration,  in  all  questions  which 
may  arise,  that  you  make  the  law  under  which  you  act 
your  rule  and  guide.  Let  the  law  be  executed  according 
to  its  letter  and  spirit,  and  you  will  have  discharged  your 
duty.  Whenever  you  find  yourself  at  a  loss  upon  any 
legal  question  which  may  arise,  you  are  hereby  instructed 
to  consult  and  employ,  when  you  may  deem  it  necessary, 
the  best  legal  counsel  that  you  may  be  able  to  obtain,  the 
expense  of  which  I  shall  feel  myself  authorized  to  defray 
from  the  contingent  fund.  You  will,  whenever  necessary, 
feel  yourself  more  especially  authorized  to  call  upon  any 


INDIANS    FROM    GEORGIA.  233 

one  or  more  of  the  Solicitors  General  for  legal  advice, 
considering  them,  as  I  do,  in  duty  bound  to  defend  the 
rights  and  interest  of  the  State,  so  far  as  legal  questions 
may  be  involved.  In  all  engagements  with  counsel  you 
will,  however,  have  a  due  regard  to  economy,  and  have 
it  distinctly  understood  that  their  charges  for  legal  serv- 
ices shall  not  exceed  what  is  customary  for  similar  serv- 
ices. 

I  herewith  present  you  with  a  list  of  the  names  of 
Cherokees,  and  their  descendants,  who  are  enrolled  un- 
der the  Treaty  of  1817,  and  who  received  the  articles  al- 
lowed to  emigrants  under  said  Treaty,  and  many  of  whom 
are  supposed  to  be  still  remaining  in  Georgia.  I  also 
herewith  furnish  you  with  a  list  of  all  the  lots  embracing 
Indian  improvements,  in  what  is  generally  called  the 
Cherokee  Country,  according  to  the  several  returns  of  the 
surveyors — which  list  has  been  furnished  this  department 
by  the  Surveyor  General,  and  may  therefore  be  relied  on 
as  correct. 

Under  the  provisions  of  the  law,  it  is  highly  impor- 
tant that  the  information  upon  which  your  official  acts  are 
predicated  should  be  well  authenticated.  I  would  there- 
fore recommend  to  you  that,  at  as  early  a  day  as  practi- 
cable, you  repair  to  the  Cherokee  Agency,  and  hold  a  con- 
ference with  Col.  Montgomery,  the  Cherokee  Agent. 
Lay  before  him  the  late  act  of  the  Legislature  of  Georgia, 
under  which  you  act  (a  copy  of  which  is  herewith  furnish- 
ed you),  and  request  him,  in  the  name  and  authority  of 
Georgia,  to  furnish  you  with  all  such  information  and 
copies  of  the  records  of  his  office  as  may  aid  and  assist 
you  in  the  execution  of  your  official  agency.  The  list  of 
persons  who  have  heretofore  enrolled  for  emigration  may 
be  correctly  obtained  at  the  Cherokee  Agency ;  also  a 
complete  list  of  the  names  of  the  persons  who  have  taken 
reserves  in  fee  simple,  or  for  life,  under  former  treaties. 
Indeed,  you  may  obtain  much  useful  information  from 
Col.  Montgomery,  the  Indian  Agent,  and  I  feel  assured 
that  you  will  find  him  disposed  to  afiford  you  every  neces- 
sary aid  which  may  be  within  his  official  control.  More- 
over, I  would  advise  you  to  confer  freely  and  fully  with 
Maj.  Curry,  the  Enrolling  Agent,  and  his  assistants. 
These  several  gentlemen,  from  their  official  situations, 
are,  of  course,  in  the  possession  of  much  useful  informa- 
tion, calculated  to  aid  you  in  the  discharge  of  the  delicate 
and  highly  responsible  duties  of  the  agency  to  which  you 
are   called.      Free  intercourse  with   the    most    intelligent 


234  REMOVAL  OF  THE  CHEROKEE 

county  officers  of  the  new  counties  may  contribute  much 
to  an  agreeable  and  useful  discharge  of  your  official 
duties. 

A  great  press  of  important  official  duties  at  the  pres- 
ent time  forbids  my  entering  more  fully  upon  the  sub- 
ject of  your  official  agency,  and.  indeed,  from  the  nature 
of  the  business  upon  which  you  are  about  to  enter,  it 
would  be  wholly  out  of  my  power  at  this  time  to  give  you 
special  instructions  which  might  be  calculated  to  meet 
the  various  cases  which  will  necessarily  occur.  The  best 
general  advice  which  I  can  oflfer  is  that  you  should  keep 
me  constantly  apprised  of  your  progress,  and  especially 
in  the  cases  of  difficulty  which  may  require  my  advice. 

It  will,  however,  be  necessary  for  you  constantly  to 
bear  in  mind  that  a  principal  object  of  your  agency  is  to 
obtain  and  communicate  to  this  department,  with  all  prac- 
ticable dispatch,  an  accurate  exhibition  of  all  such  lots 
and  fractional  lots  as  are  contemplated  to  be  granted  to 
the  drawers  under  the  provisions  of  the  late  act  of  the 
Legislature. 

Permit  me  also  to  suggest  to  you  the  expediency  of 
keeping  a  record,  in  such  form  as  you  may  deem  most 
convenient,  which  will  exhibit  at  all  times  a  sketch  of  the 
testimony  and  evidence  upon  which  your  official  decis- 
ions are  made,  especially  in  regard  to  the  granting  of 
lands  under  the  late  act  of  the  Legislature. 

I  am,  sir,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'v  i8th,  1834. 
Maj.  B.  F.  Curry, 

Spring  Place,  Ga. 

Sir : — I  this  morning  had  the  satisfaction  to  receive 
your  favor  of  the  25th  ult.  And  I  am  much  gratified  to 
find  that  the  prospect  of  a  speedy  termination  of  our  In- 
dian perplexities  is  brightening.  I  am  apprised  of  the 
facts  stated  in  your  letter  in  regard  to  Col.  Harden's  in- 
attention to  the  enrolling  business,  and,  while  I  fully  con- 
cur with  you  in  admitting  his  qualifications,  I  no  less  con- 
cur in  believing  that  it  is  his  duty  to  decline  the  service 
altogether,  or  devote  himself  entirely  to  it.  The  several 
gentlemen   named  by  you   as   suitable   persons   to   assist 


INDIANS    FROM    GEORGIA.  235 

you  in  the  enrolling  service  are  all  of  them  entirely  ac- 
ceptable to  me ;  and  I  hereby  authorize  you  (as  far  as  I 
have  authority)  to  confer  the  appointment  of  assistant 
enrolling  agent  on  any  one,  or  more,  of  them  as  you  may 
deem  best  calculated  for  the  service.  Moreover,  you  will 
please  to  communicate  to  the  person  or  persons  you  may 
select,  and  give  them  instructions,  at  the  same  time,  that 
they  may  thereby  be  enabled  to  enter  upon  the  service 
without  delay,  tinder  all  the  circumstances,  I  deem  the 
course  which  I  have  suggested  best  calculated  to  promote 
the  public  interest,  and  shall  therefore  decline  writing  to 
any  of  them  on  the  subject.  Having  entire  confidence  in 
your  interest  and  capacity  to  manage  the  enrolling  busi- 
ness to  the  best  advantage,  I  think  it  best  to  leave  you 
untrammelled  by  any  further  interference  on  my  part  in 
regard  to  the  selection  of  agents,  and  bringing  them 
speedily  into  the  service,  except  by  merely  repeating  that 
I  shall  be  content  with  any  of  the  gentlemen  named  in 
your  letter. 

I  will  immediately  address  the  Secretary  of  War  on 
the  subjects  suggested  in  your  letter,  and  other  matters 
in  relation  to  our  Indian  afifairs,  for  I  most  fully  concur 
in  the  views  which  you  have  submitted. 

Very  respectfully,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  i8th,  1834.    . 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — From  a  letter  received  at  this  department  by  the 
last  mail,  from  Maj'r  B.  F.  Curry,  Enrolling  Agent 
among  the  Cherokees,  I  am  much  pleased  to  learn  that 
the  spirit  of  emigration  is  constantly  increasing  amongst 
that  long  deluded  remnant  tribe.  Maj.  Curry  suggests, 
and  I  think  with  great  propriety,  that,  if  the  President 
will  consent,  that  from  one-fourth  to  one-half  the  valua- 
tion of  abandoned  improvements  shall  be  paid  before  their 
embarkation,  and  allow  intelligent  and  influential  Chero- 
kees  pay  for  services  actually  rendered  in  assisting  the 
Enrolling  Agent,  no  doubts  may  be  entertained  but  that 
a  treaty  will  be  effected  in  the  course  of  the  present  year 
— even  without  the  benefit  of  the  influence  of  Ross. 
Prompt  payments,  in  fact,  for  Indian  improvements  is  ren  - 


236  REMOVAL  OF  IHE;  CHEROKEE 

dcred  necessary  to  enable  them  to  pay  their  debts,  I  be- 
Heve  all  the  States,  except  Georgia,  enforce  the  settlement 
of  their  contracts  before  they  are  permitted  to  depart, 
and  in  Georgia  there  is  no  such  thing  as  getting  them  ofi 
until  their  debts  are  settled.  You  will  please  let  me  hear 
from  you  soon  on  this  subject. 
I  have  the  honor  to  be 

Yr,  obt.  servt., 

WILSON  LUMPKIN, 

Executive  Department,  Ga,, 
Milledgeville,  Jan'y  29.  1834. 
Mr.  John  Marlor, 

Sir : — Yours  of  this  date  has  been  duly  received,  in 
which  you  state  that,  in  order  that  the  object  of  the  Leg- 
islature *  may  be  carried  into  effect,  in  regard  to  the 
emancipation  of  your  negro  man,  Sam,  you  will  sell  him, 
and  that  the  price  you  have  fixed  upon  him  is  eighteen 
hundred  dollars.  You  will,  therefore,  please  to  attend  at 
this  office  as  soon  as  it  may  suit  your  convenience,  in  or- 
der to  consummate  the  object  in  view,  by  receiving  pay- 
ment, and  executing  a  relinquishment  of  title  to  said  man. 

I  feel  it  due  to  myself,  however,  to  state  to  you  that 
the  price  put  upon  said  negro  is  considered  liigh  by  most 
of  the  gentlemen  whom  I  have  consulted  on  the  subject, 
and  nothing  but  the  consideration  of  the  nature  of  the  ob- 
ject contemplated  by  the  Legislature,  and  the  present 
state  of  the  case,  seems  to  justify  my  giving  the  sum  re- 
quired. 


I  am,  respectfully, 


Yr.  obt,  servt,, 

WILSON  LUMPKIN. 


Executive  Department,  Ga.. 

Milledgeville,  Jan'y  31st.  1834. 
Wm.  G.   Springer,  Esq., 

Agent,  &c. 

Sir : — Yours  of  the  26th  inst,  has  just  been  received 
at  this  department.     Since  you  left  here  for  the  purpose 


*In  resolving  that  "the  services  rendered  by  the  negro  man,  Sam,  in  his 
exertions  to  extinguish  the  fire  at  the  State  House,  in  which  he  could  have  no 
interest,  merit  nothing  short  of  his  emancipation,"  See  Gov.  Lumpkin's  Annual 
Message  for  1834. 


INDIANS    FROM    GEORGIA.  237 

of  entering  on  the  duties  of  your  agency,  we  have  had 
daily  applications  for  grants  to  lands  supposed  to  have 
been  authorized  by  the  Legislature  under  which  you  are 
acting.  The  persons  for  grants,  in  every  case,  present  the 
certificates  of  the  late  Indian  agents  of  the  several  new 
counties,  as  the  evidence  upon  which  they  expect  an  ex- 
ecutive order  for  the  grants  to  issue.  These  agents  (as 
you  are  apprised)  being  legislated  out  of  office,  I  can  no 
longer  recognize  their  reports,  or  certificates,  as  legal 
authority  upon  which  to  predicate  an  official  act  of  so 
much  importance.  Indeed,  it  is  clear  to  my  mind  that  I 
have  no  legal  authority  to  order  grants  to  issue  for  any 
lot,  or  lots,  of  lands  returned  by  the  surveyors  as  having 
Indian  improvements  thereon,  until  I  receive  a  report,  or 
certificate,  from  you  that  said  lots  are  liable  to  be  granted, 
under  the  provisions  of  the  late  act  of  the  General  As- 
sembly. 

This  construction  which  I  put  upon  the  law  (and  en- 
tertain no  doubts  of  its  correctness)  will  at  once  urge  upon 
your  consideration  the  great  importance  of  your  making 
the  best  possible  arrangements  for  expediting  your  re- 
ports of  lots  liable  to  be  granted,  and  which  were  returned 
by  the  surveyors  as  having  Indian  improvements  thereon. 

To  effect  this  important  object  the  arrangement  which 
you  suggest  may  be  the  most  judicious,  and  of  this  you 
are  the  best  judge ;  but  I  feel  it  my  duty  to  state  to  you 
that,  so  far,  most  of  the  applications  for  grants  under  the 
late  act  of  the  Legislature  have  come  from  a  different 
section  of  the  country  from  that  which  you  propose  to 
attend  to  first.  The  applications,  so  far,  have  been  chiefly 
from  the  gold  region  and  eastern  side  of  the  country.  It 
occurs  to  my  mind,  forcibly,  that  much  service  would  be 
rendered  to  those  interested  if  you  could  make  weekly  re- 
ports to  this  department  of  all  such  lots  as  you  may  have 
examined  and  decided  on.  It  will  require  some  time  and 
experience  to  determine  where  your  services  will  be  needed 
most  and  first,  and  I  therefore  doubt  the  wisdom  of  your 
hastily  tying  vourself  down  to  any  particular  arrange- 
ment which  may  hereafter  deprive  you  of  the  exercise 
of  a  proper  discretion  which  might  enable  you  to  benefit 
the  greater  portion  of  those  interested  most.  I  should 
suppose  that  any  public  notice  which  you  may  deem  neces- 
sary would  be  sufificiently  promulgated  bv  inserting  it  in 
the  Cherokee  IntelHs^eiicer,  which  is  published  near  the 
centre  of  the  new  counties.  LTpon  the  subject  of  an  in- 
terpreter, I  have  to  say  that  I  have  no  legal  authority  for 


238  REMOVAL  OF  THE  CHEROKEE 

appointing  or  paying  such  an  agent,  and  therefore  it  may 
not  be  expected.  It  appears  to  me  that  it  might  reheve 
you  of  much  labor  and  trouble  if  you  could  obtain  from 
Maj'r  Curry  and  his  assistant  enrolling  agents  accurate 
written  information  of  lots  liable  to  be  granted  under  our 
existing  laws,  embracing  the  number  and  district  of  the 
lot,  the  name  or  names  of  the  person  or  persons  resid- 
ing thereon,  and  the  grounds  on  which  said  lot  is  liable 
to  be  granted.  The  evidence  of  these  responsible  and 
respectable  agents  is  more  entitled  to  your  confidence 
and  reliance  than  almost  any  testimony  which  you  can 
obtain,  except  by  your  own  personal  observation  and  ex- 
amination. 

These  persons  are  more  to  be  relied  on,  as  to  names  of 
occupant  Indians  and  their  descendants,  than  almost  any 
person  you  can  frid  in  the  country.  Any  evidence,  derived 
from  these  agerts  and  certified  by  you,  will  be  duly  re- 
spected at  this  ("opartment.  I  hope  to  hear  from  you  fre- 
quently and  fully  upon  all  subjects  connected  with  your 
agency. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Feb'ry  ist,  1834. 
Hon.  James  M.  Wayne. 

Dear  Sir : — I  this  morning  received  a  letter  from  C. 
D.  Terhune,  Esq.,  of  Cassville,  Ga.,  who  is  a  gentleman 
of  intelligence,  character,  and  fair  standing,  wherein  he 
states  "Judge  Hooper  has  yesterday  sanctioned  a  bill  of 
injunction,  sworn  to  by  an  Indian,  to  remove  the  owner 
of  the  lot  on  which  the  celebrated  missionary,  Butler, 
lives,  and  to  stop  him  from  pursuing  his  business  of  re- 
pairing and  improving  the  farm  on  said  lot."  He  then 
adds  :  "I  fear  this  is  going  to  present  a  new  era  in  our 
Cherokee  difficulties.  I  learn  that  there  has  recently  been 
a  meeting  of  John  Ross  and  other  principal  Cherokees, 
at  Mr.  Adair's,  and  that  Judge  Underwood  and  Judge 
Hooper,  and  some  other  white  men,  were  in  that  meet- 
ing. And  I  have  heard  from  high  authority  that  the  na- 
tion have  determined  to  give  to  counsel,  &c.,  one  hun- 
dred thousand  dollars  to  carry  on  their  case  against 
Georgia." 

Although  I  entertain  no  fears  for  the  rights  of  the 
State  and  interest   of  her  citizens  in  this    case,    I    have, 


INDIANS    FROM    GEORGIA.  239 

nevertheless,  deemed  it  necessary  to  apprise  you,  and, 
through  you,  such  of  your  colleagues  as  you  may  think 
expedient,  of  what  is  going  on  in  Georgia,  and  also  that 
you  might  be  better  prepared  to  watch  the  movements 
at  Washington  in  relation  to  our  Cherokee  affairs.  These 
movements  here  no  doubt  originated  at  headquarters 
(Washington),  and  are  under  the  guidance  of  the  '^new 
coalition,''  who  are  so  loving  and  complimentary  to  each 
other  in  Congress.  The  enemies  of  the  country — the  agi- 
tators, the  revolutionists — care  not  what  subject,  so  that 
the  great  object  of  excitement  among  the  people  and  em- 
barrassment to  the  Government  can  be  effected.  I  shall 
use  all  prudent  means  to  procure  such  proof  against  Judge 
Hooper  as  will  successfully  sustain  an  impeachment 
against  him  beiPore  the  next  Legislature.  Underwood, 
Hooper,  Ross,  &c.,  will  be  sustained  by  the  nullifiers  gen- 
erally in  Georgia,  as  I  apprehend. 

I  perceive  from  the  tone  of  several  of  their  papers, 
when  hinting  at  this  subject,  that  they  are  prepared  to 
break  ground,  against  the  State,  and  in  favor  of  the  Cher- 
okees. 

Well,  let  them  do  so.  I  will  trust  the  people  to  take 
care  of  and  sustain  their  own  interest.  The  President  and 
Secretary  of  War  should  be  apprised  of  these  movements, 
and  if  anything  can  be  done  to  avert  further  controversy, 
it  ought  to  be  done.  I  request  you  to  make  the  commu- 
nication, and  confer  with  them  on  the  subject,  and  inform 
me,  if  you  please,  of  the  result. 

Our  Senators,  Messrs.  Forsyth  and  King,  and  Judge 
Schley  and  Gen'l  Coffee,  I  am  sure,  feel  as  we  do  on  this 
subject. 

I  am,  sir,  with  great  regard, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department.  Ga., 

Milledgeville,  Feb'ry  ist,  1834. 
Wm.  G.  Springer,  Esq. 

Sir: — I  this  morning  received  a  letter  from  C.  D.  Ter- 
hune,  Esq.,  dated  Cassville,  Jan'y  i6th,  1834,  in  which  he 
states  "Judge  Hooper  has  yesterday  sanctioned  a  bill  of  in- 
junction, sworn  to  by  an  Indian,  to  remove  the  owner  of  the 
lot  on  which  the  celebrated  missionary,  Butler,  lives,  and 
to  stop  him  from  pursuing  his  business  of  repairing  and 


240  REMOVAL  OF  THE  CHEROKEE 

improving  the  farm  on  that  lot.''  He  then  adds :  "1  fear 
this  is  going  to  present  a  new  era  in  our  Cherokee  dif- 
ficulties. I  learn  there  has  recently  been  a  meeting  of 
Jno.  Ross,  and  other  principal  Cherokees,  at  Mr.  Adair's, 
and  that  Judge  Underwood  and  Judge  Hooper,  and  some 
other  white  men,  were  in  that  meeting,  and  I  have  heard, 
from  high  authority,  that  the  nation  have  determined  to 
give  to  counsel,  &c.,  one  hundred  thousand  dollars  to 
carry  on  their  case  against  Georgia." 

Now,  sir,  while  I  entertain  no  apprehensions  for  the 
rights  of  the  State  and  the  interest  of  her  citizens  from 
the  machinations  of  such  a  combination  of  assuming 
wojild-be  great  men,  I  nevertheless  feel  it  my  official  dutv 
to  use  every  proper  exertion  to  obtain  the  highest  and 
most  authentic  testimony  which  can  be  procured  for  the 
purpose  of  establishing  the  guilt  of  the  nefarious  intri- 
guers, plotters,  aiders  and  abettors  of  Jno.  Ross  and  com- 
pany. You  will,  therefore,  please  procure,  through  such 
agency  as  you  may  deem  necessary,  copies  of  all  records 
and  proceedings  which  may  be  had  under  the  pretended 
sanction  of  legal  authority.  I  presume  there  will  be  no 
difficulty  in  procuring  a  copy  of  the  bill  of  injunction,  as 
well  as  the  testimony  going  to  sustain  it.  Moreover,  any 
and  all  testimony  going  to  sustain  the  charge  of  Judge 
Hooper  being  in  council  with  Underwood,  Ross  &  Co., 
I  deem  to  be  important ;  also  any  testimony  which  will 
establish  the  fact  of  the  enormous  fee  of  one  hundred 
thousand  dollars  being  promised  to  counsel  for  the  pur- 
pose of  overturning  the  rights  of  Georgia.  I  trust  you 
will  have  this  business  thoroughly  investigated,  and,  for 
that  purpose,  you  are  authorized  to  say  to  any  competent 
attorney  who  may  be  trusted  I  will  pay  any  reasonable 
fee.     Do  let  me  hear  from  you  on  this  subject  soon. 

I  am,  sir,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Feb'ry  5th,  1834. 
Hon.  Lewis  Cass, 

Secretary  of  War. 
Sir: — It  has  been  with  some  degree  of  surprise  that 
I  have,  for  several  months  past,  been  receiving  commu- 
nications from  the  citizens  of  Irwin,  and  other  adjoining 
counties,  in  this  State,  complaining  of  the  lawless  depre- 


INDIANS    FROM    GEORGIA.  241 

dations  of  a  large  number  of  vagabond  and  strolling  In- 
dians, belonging  to  the  remnant  tribe  of  the  Creeks  who 
yet  remain  in  the  State  of  Alabama.  The  present  pos- 
sessions of  these  Indians  do  not  approach  within  fifty 
miles  of  any  part  of  the  County  of  Irwin.  The  intervening 
country,  however,  from  the  Indian  settlements  to  the 
County  of  Irwin,  is  but  very  thinly  populated  by  the  whites, 
being  chiefly  a  poor  pine  barren  country,  interspersed 
with  extensive  swamps  which  are  rarely  penetrated  by 
civilized  men,  and  therefore  affords  a  hiding  place  and 
refuge  for  wild  beasts  and  more  savage  men.  These  In- 
dians have,  in  considerable  numbers,  taken  up  their  abode 
in  this  section  of  the  State,  and  have  done  immense  dam- 
age to  the  peaceable  citizens  who  have  settled  in  that  part 
of  the  country,  by  killing  their  cattle  and  hogs,  and  steal- 
ing and  consuming  their  corn,  potatoes,  &c.  They  are 
sufificiently  strong  in  number  to  bid  defiance  to  the  thinly 
settled  population.  Attempts,  under  my  instructions, 
have  been  made  to  apprehend  and  bring  to  justice  this 
lawless  band  of  robbers,  but  whenever  a  force  sulificiently 
formidable  presents  itself  the  Indians  immediately  take 
refuge  in  the  swamps,  and  evade  apprehension  and  further 
pursuit.  I  would  not  trouble  you  with  this  subject,  if  I 
was  not  at  a  loss  for  means  to  correct  this  evil  without 
resorting  to  a  remedy  which,  from  every  consideration 
and  feeling  of  my  nature,  I  am  anxious  if  possible  to 
avoid. 

I  am  convinced  that  I  have  no  means  under  my  con- 
trol to  put  an  end  to  these  unsufTerable  depredations  but 
by  exterminating,  in  the  best  way  I  can,  the  miserable 
band  of  robbers.  My  object,  therefore,  in  communicating 
to  you  directly  on  this  subject  is  to  suggest  to  you  that 
it  has  occurred  to  me  that  some  direct  instructions,  or 
orders,  from  you  to  the  principal  men  amongst  the  Creeks, 
through  such  agent  or  agents  as  you  mav  deem  best  (per- 
haps to  the  commandant  of  the  United  States  troops  now 
stationed  on  the  western  border  of  Georgia),  might  be 
the  most  efifectual  and  peaceable  method  of  suppressing 
and  ending  this  unsufiferable  difficulty.  It  is  certain  that 
the  evils  complained  of  cannot  be  much  longer  borne.  If 
you  cannot  control  these  Indians,  through  some  agency, 
the  authorities  of  Georgia  -will  be  under  the  painful  neces- 
sity of  exterminating  the  evil   in  the  only  practical  wav. 

I  have  the  honor  to  be 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


242  REMOVAL  OF  THE  CHEROKEE 

Executive  Department,  Ga., 
Milledgeville,  Feb.  loth,  1834. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir: — I  thank  you  for  your  favor  of  the  28th  ult.,  and 
am  content  with  the  views  of  the  President  which  you 
have  been  pleased  to  communicate. 

I  am,  very  respectfully, 

Your  obt.   servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Feb'ry  14th,  1834. 
Wm.   G.    Springer,  Esq., 

Agent,  &c. 

Dear  Sir : — Your  two  favors  of  the  3d  and  7th  inst. 
came  to  hand  this  morning.  I  proceed  to  reply  to  your 
most  important  inquiry. 

The  13th  section  of  the  law  under  which  you  are  act- 
ing as  agent  confers  no  authority  on  you  which  is  not 
specifically  pointed  out  in  the  other  sections  of  the  act. 
It  only  declares  it  to  be  your  official  duty  to  see  that  the 
provisions  embraced  in  the  act  be  carried  into  efifect — 
which  must  obviously,  from  the  nature  of  things,  be  con- 
strued so  as  to  be  confined  to  the  official  deeds  which  you 
are  required  to  discharge.  You  can.  by  no  means,  be 
bound  to  supervise  the  official  acts  of  the  Executive  and 
judicial  officers  who  are  required  to  perform  various 
duties  under  the  provisions  of  said  act. 

The  only  cases,  I  believe,  in  which  you  are  authorized 
and  required  to  put  the  drawer,  or  owner,  into  the  pos- 
session of  his  premises  are  pointed  out  in  the  loth  section 
of  the  act.  By  reference  to  the  9th  section  of  the  act,  it 
appears  clearly  that  it  was  the  intention  of  the  Legisla- 
ture that,  in  most  cases,  the  drawers,  or  owners,  of  lands 
should  look  to  the  courts,  and  not  to  the  agent,  for  redress 
in  cases  where  peaceable  possession  should  be  obstructed. 
LTnless  the  courts  do  their  duty,  the  laws  of  the  land  can- 
not be  carried  into  efifect  by  the  other  departments  of  the 
Government.  I  hope  you  will  have  received  my  commu- 
nications to  you.  of  the  31st  inst.  and  1st  ult.,  to  which  I 
have  received  no  rpely.     I  am  gratified  to  find,  however. 


INDIANS    FROM    GEORGIA.  243 

by  your  present  communications,  that  the  most  important 
subject  to  which  I  had  adverted  has  already  attracted 
yovir  attention. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


Gen'l  Coffee. 


Executive  Department,  Ga.. 
Milledgeville,  Feb'ry  27th,  1834. 


Dear  Sir : — Your  favor  of  the  19th  inst.  is  now  before 
me,  and  is  highly  useful,  so  far  as  it  keeps  me  apprised 
of  the  state  of  things  at  Washington,  in  relation  to  our 
Cherokee  affairs.  My  confidence  remains  undiminished 
in  the  President  and  Secretary  of  War  doing  their  duty 
in  using  every  proper  exertion  to  close  our  long  standing 
perplexities  upon  Indian  affairs.  But  the  embarrassments 
thrown  in  the  way  of  the  President  and  myself,  upon  this 
and  every  subject  in  which  we  are  using  our  best  efforts 
to  promote  the  public  interest,  are  unparalleled  in  the 
history  of  our  country.  At  every  step,  and  upon  every 
subject,  we  have  to  encounter  an  opposition  wholly  desti- 
tute of  any  fixed  principle,  or  object,  save  one:  that  is, 
to  thwart,  misrepresent,  and  defeat  our  plans  of  useful- 
ness to  the  country,  and  thereby  deprive  us  of  the  confi- 
dence and  support  of  our  constituents,  by  whose  voice 
we  have  been  so  often  and  so  highly  honored. 

I  deeply  sympathize  with  the  President,  but  it  is  human 
nature  to  find  some  relief  from  being  associated  with  good 
company,  even  in  our  greatest  trials.  Surely  the  oppon- 
ents of  our  State  administration,  as  well  as  those  of  the 
Federal,  have  lost  every  vestage  of  pure  patriotism — dis- 
interested love  of  country. 

The  conduct  of  Judge  Hooper  and  his  associates  is 
unparalleled,  and  I  entertain  no  doubt  but  he  will  back  out 
from  the  lofty  ground  which  he  has  taken  the  first  mo- 
ment after  he  has  effected  the  object  of  his  employers  :  to 
wit,  get  a  new  case,  or  cases,  before  the  United  States 
Courts.  The  agitators  of  the  country  cannot  rest  easy 
without  some  litigation  between  the  Federal  and  State 
Governments. 

The  first  ground  taken  in  the  bills  which  Hooper  has 
sanctioned  assumes  that  the  complainants  "are  natives 
of  the  Cherokee  Nation  of  Indians,  east  of  the  river  Mis- 
sissippi, and  reside  in  the  said  Nation,  having  all  the  priv- 


244  REMOVAL  OF  THE  CHEROKEE 

ileges  and  rights  of  citizens  of  the  said  Nation,  ayid  that  from 
time  imttietnorial  the  Cherokee  Nation  have  composed  an  inde- 
pendent State. ' ' 

Tliis  broad  and  preposterous  position  is  the  point  upon 
which  these  cases  must  eventually  turn,  and.  in  my  judg- 
ment, presents  a  most  novel  question  for  discussion,  to 
come  before  a  court  of  equity.  It  is  a  case  of  no  less  mag- 
nitude than  that  of  deciding  between  conflicting  sover- 
eignties— each  claiming  to  be  an  independent  nation. 

From  whence  a  judge  of  our  ow7i  courts  assumes  the 
power  to  sustain  and  bring  up  such  questions  is  beyond 
my  conception.  I  have  carefully  examined  our  Consti- 
tution and  laws.  They  confer  no  such  power  on  our 
judges.  The  powers  assumed  by  the  jndge  belong  to 
diplomacy,  and  are  wholly  beyond  the  limit  of  all  judicial 
authority  derived  from  any  source. 

But  we  will  suppose,  for  the  sake  of  placing  Judge 
Hooper  in  a  proper  light,  that  the  sovereignty  and  in- 
dependence of  the  Cherokee  Nation  be  admitted  and  rec- 
ognized. In  what  a  predicament  would  Judge  Hooper 
himself  be  placed?  He  must  abandon  the  bench  for  want 
of  jurisdiction.  Therefore,  any  decree  passed  by  him  can- 
not be  obligatory  on  any  party ;  because,  if  the  Cherokee 
assumptions  be  admitted,  then  a  judge  of  the  courts  of 
Georgia  can  have  no  right  of  jurisdiction  over  the  people 
and  territory  of  this  sovereign  nation.  If  he  shrinks  from 
the  ground  which  he  has  taken,  and  retires  from  the 
bench,  to  avoid  a  decission,  it  will  be  a  direct  abandon- 
ment of  his  official  duty,  and  a  palpable  violation  of  the 
duties  of  his  office. 

If  it  be  said  that  the  sanction  of  these  bills  is  a  mere 
matter  of  form,  I  deny  the  position.  The  fundamental 
principles  contained  in  these  bills  have  received  the  sanc- 
tion of  Judge  Hooper,  and  he  cannot  evade  decision.  He 
must  hear  argument,  and  decide  upon  it.  Therefore,  a 
question  which  involves  the  political  rights  of  the  State 
and  must  determine  its  sovereignty  (according  to  Judge 
Hooper)  as  well  as  the  political  rights  and  sovereignty 
of  an  independent  foreign  nation,  with  which  Georgia  is 
now  contending,  is,  by  the  course  of  Judge  Hooper,  to 
me  made  a  legal  or  constitutional  subject  of  discussion 
before  a  court  of  equity,  his  honor,  Judge  Hooper,  pre- 
siding. But,  sir,  my  indignant  feelings  will  not  permit  me 
to  pursue  this  subject  further. 

I  turn  from  it  in  disgust,  and  have  to  regret  my  views 
were  not  sustained  by  the  Legislature,  in  giving  prompt 


INDIANS    FROM    GEORGIA.  245 

power  to  punish  the  pettifogging-  attempts  of  a  base  com- 
bination who  are  leagued  together  to  overturn  the  rights 
of  the  State.  Show  this  to  such  of  your  colleagues  as  you 
think  fit,  and  continue  to  write  frequently. 

Yours  truly, 

WILSON  LUMPKIN. 

Executive  Department,  Ga.. 
Milledgeville,  March  3d,   1834. 
Maj.  Gen'l  E.  P.  Gaines. 

Dear  Sir : — Your  letter  of  the  loth  Jan.  last,  upon  the 
deeply  interesting  subject  of  the  practicability,  expedi- 
ency, immediate  local  advantages,  and  prospective  public 
utility  of  a  railroad,  from  the  Tennessee  section  of  the 
Mississippi  river  to  the  Atlantic  Ocean,  to  pass  through 
the  intervening  Southern  States  to  the  most  convenient 
seaport  on  the  Atlantic  coast — together  with  a  copy  of 
the  letter  therein  referred  to — has  been  duly  received. 

Our  lots  have  been  cast  at  a  time  and  in  the  midst  of 
a  people  who  have  distinguished  their  generation  for  the 
most  extraordinary  and  gigantic  conceptions,  upon  almost 
every  subject  which  relates  to  the  great  objects  of  facili- 
tating commerce  and  communication  between  distant 
points.  Moreover,  theories  have  now  been  so  far  reduced 
to  practice  that  the  confidence  of  the  community  may  be 
inspired  to  any  reasonable  extent  in  the  support  of  any 
laudable  work  of  improvement.  The  splendid  project 
contemplated  by  you  and  your  associates  very  far  sur- 
passes, in  my  estimation,  every  other  work  either  executed 
or  which  has  been  submitted  to  the  consideration  of  the 
American  people. 

After  full  examination,  and  much  reflection,  I  fully 
coincide  with  you  in  regard  to  the  vast  importance  of  the 
contemplated  improvement,  both  in  a  commercial  and 
national  point  of  view.  The  military  aspect  of  the  sub- 
ject which  you  have  presented  I  deem  to  be  an  object  of 
primary  importance  to  the  people  of  our  whole  Union. 
Works  like  the  one  under  consideration  will  consolidate 
the  interest,  and  unite  in  the  most  fraternal  manner  the 
feelings  of  the  whole  people  of  the  Union,  and  tend  to 
make  us  in  reality,  what  we  are  in  theory,  ''one  people.'' 
Your  plan  and  commencement  are  well  advised,  and,  if 
persevered  in,  must  succeed.  However,  as  far  as  I  have 
been  able  to  ascertain,  your  views  in  regard  to  the  precise 


246  REMOVAL  OF  THE  CHEROKEE 

location  of  the  road  and  my  own  views  are  somewhat  dif- 
ferent. Supposing  the  work  to  commence  near  the  south- 
western extremity  of  the  State  of  Tennessee,  and  from 
thence  in  anything  hke  a  direct  line  to  Athens,  in  Geor- 
gia, and  from  thence  to  Charleston,  in  South  Carolina, 
you  will  necessarily  have  to  encounter  between  the  start- 
ing point  and  Athens  all  the  difficulties  and  expense  of 
passing  a  considerable  portion  of  mountainous  and  broken 
country. 

Again,  should  the  road  be  completed  on  this  route, 
but  a  very  limited  portion  of  the  States  of  Alabama  and 
Georgia  would  be  benefited  thereby ;  whereas,  should  the 
road  commence  and  proceed  as  nearly  in  a  direct  line  as 
may  be  practicable  to  Savannah,  in  Georgia,  you  would 
avoid  the  mountains  and  most  of  the  hill  country,  shorten 
the  distance  greatly  to  the  Atlantic  by  passing  through 
the  center  of  the  States  of  Alabama  and  Georgia,  and  a 
great  part  of  the  route  would  run  parallel  with  the  waters 
of  the  Atlantic,  instead  of  directly  across  them,  and  you 
would  enlist  the  feelings  and  interest  of  the  great  body  of 
the  people  of  these  States,  and  thereby  secure  the  co- 
operation of  their  respective  constituted  authorities  in 
the  accomplishment  of  the  enterprise.  I  take  it  for  grant- 
ed that  the  grand  conception  of  a  direct  communication 
(by  a  railroad)  between  the  Mississippi  and  the  Atlantic 
originated  in  the  purest  motive  of  disinterested  patriot- 
ism, without  regard  to  sectional  or  State  interest,  having 
in  view  the  greatest  amount  of  benefit  to  the  people  of 
our  beloved  confederacy. 

But  the  route  by  the  way  of  Athens  to  Charleston, 
which  I  shall  call  the  upper  route,  while  it  may  be  admit- 
ted to  combine  as  many  advantages  to  the  whole  Union, 
when  completed,  as  any  other  which  might  be  substituted, 
yet  it  can  never  become,  or  be  considered,  a  work  of  first 
importance  to  the  State  of  Georgia.  True,  it  will  run 
through  a  highly  interesting  and  valuable  portion  of  the 
State,  but,  in  its  whole  line  it  will  continue  near  the  mar- 
gin of  the  State,  without  producing  any  advantage  to  the 
centre,  or  extensive  sea  coast  of  Georgia.  Indeed,  may 
we  not  have  some  just  apprehensions  that,  so  far  as  Geor- 
gia may  be  concerned,  the  accomplishment  of  such  a  work 
would  only  tend  to  deprive  the  State  of  the  aid  and  co- 
operation of  the  Northern  section  of  her  own  hardy  and 
enterprising  population  in  any  future  attempt  to  afford 
commercial  and  other  facilities  of  intercommunication  to 
the  great  body  of  the  people  of  the  State,  by  work  of  in- 


INDIANS    FROM    GEORGIA.  347 

ternal  improvement?    Lay  the  map  of  the  State  of  Geor- 
gia before  you,  and  you  will  at  once  see  the  force  of  my 
remarks.     I  would  readily  advise  and  urge  upon  the  peo- 
ple and  public  functionaries   of  Georgia"  the  vast  impor- 
tance and  propriety  of  directing  the  whole  energies  and 
resources  of  the  State  to  the  single  object  of  furthering 
the  project  which  you  have  in  view,  provided  it  could  be 
directed  through  a  central  part  of  the  State;  but,  if  the 
upper  route  be  determined  upon,  the  policy  of   Georgia 
will  be  to  begin  on  her  own  sea  coast,  and  proceed  through 
the  most  productive  and  central  part  of  the   State,  until 
we  can  intersect  your  road  at  some  point  in  the  western 
part  of  the  State.     From  Savannah,  or  some  other  sea- 
port of  Georgia,  we  must  proceed  to  Macon,  or  this  place, 
and  thence  make  our  way,  in  the  best  and  most  practica- 
ble route,  to  intersect  your  contemplated  highway.     This 
would  be  a  State  work  and  well  worth  the  application  of 
State   capital.      If,  however,  the  citizens   of  the   northern 
section  of  the  State  choose  to  direct  their  individual  en- 
terprise to  a  great  and  meritorious  object,  and  one  which 
will   afford   to   themselves   great   and   advantageous   com- 
mercial facilities  without  regard  to  the  interest  and  con- 
venience of  the  balance  of  the  people  of  the  State,  then 
be  it  so ;  they  should  be  left  free  to  exercise  their  enter- 
prise and  capital  as  to  them  may  seem  best.     Whatever 
may  be  the  location  of  the  contemplated  road,  I  sincerely 
wish  it  great  success.     It  cannot  fail  to  benefit  our  com- 
mon country ;  and  the  upper  route  will,  perhaps,  combine 
the  greatest  general  advantages,  by  drawing  to  its  line  a 
greater  portion  of  the  product  of  the  rich  mountain  val- 
leys of  the  interior.     But,  if  it  should  take  that  direction, 
the  true  policy  of  Georgia  will  be  to  pursue  the  course 
which  I  have  hereinbefore  suggested.     It  is  the  only  one 
which  can  supply  the  wants  of  her  own  citizens,  and  do 
justice  to  the  character  of  the  State,  so  far  as  relates  to 
the  part  which  nature  and  circumstances  seem  to  indicate 
is  allotted  to  our  care  and  superintendence.     I  very  sin- 
cerely congratulate  the  country,  and  return  you  my  cordial 
thanks,  as  one  of  your  fellow  citizens,  for  the  prominent 
part  which  you  have  taken  in  the  valuable  and  laudable 
enterprise  which  is  the  present   subject  of  consideration, 
and  trust  that  such  encouragement  may  be  extended   in 
aid  of  your  enterprise  as  may,  before  a'  distant  day,  con- 
summate your  entire  plan. 
I  am,  dear,   sir. 

Your  friend  and  humble  servt., 

WILSON  LUMPKIN. 


248  REMOVAL  OF  IHE  CHEROKEE 

Executive  Department,  Ga., 

Milledgeville,  March  4.  1834. 
Hon.  John  Forsyth. 

Dear  Sir: — Being  apprised  that  the  subject  of  the 
boundary  Hne  between  the  State  of  Georgia  and  Florida 
is  now  a  subject  of  consideration  (in  some  stage)  before 
the  present  Congress.  I  have  with  much  care  examined 
the  files  of  this  department,  and  reviewed  the  voluminous 
documents  connected  with  that  subject. 

I  have  not  been  able,  however,  to  find  anything  of 
which  you  are  not  possessed  at  Washington  which  I  con- 
sider important  to  throw  additional  light  on  the  subject 
at  issue.  The  best  argument  in  support  of  the  views  of 
Georgia  which  I  have  examined  is  found  in  your  letter  of 
the  29th  of  Dec'r,  1827,  to  the  President  of  the  United 
States,  which  you  will  find  republished  in  the  documents 
of  the  House  of  Representatives  of  the  present  session 
(No.  y'f).  But  we  are  embarrassed  by  the  disagreement 
of  the  various  reports  of  our  own  agents.  Every  new 
commission  which  has  been  authorized  by  the  State  to  ex- 
amine, survey,  and  report  upon  the  subject  invalidates  the 
reports  and  proceedings  of  all  those  who  have  preceded 
them.  The  report  and  survey  of  Mr.  McBride,  in  which 
we  once  confided,  has  since  been  set  aside  by  the  report 
of  Messrs.  Crawford  and  Couper,  and  the  survey  made 
under  their  direction  by  Mr.  Thomas.  No  two  of  our  own 
witnesses  seem  to  agree.  The  greatest  importance  which 
I  attach  to  the  boundary  line  between  Georgia  and  Florida 
does  not  arise  so  much  from  any  consideration  of  the  value 
of  the  sterile  soil  in  dispute  ;  but  our  State  Constitution 
having  defined  the  boundaries  of  the  State,  no  indemnity 
can  authorize  our  relinquishing  our  claim  to  a  single  acre 
within  our  legal  boundaries.  The  line  between  Georgia 
and  Alabama  is  also  still  a  fair  subject  of  interest  to  the 
general  Government,  as  well  as  the  two  States.  At  the 
instance  of  Alabama,  this  subject  was  brought  to  the  con- 
sideration of  our  Legislature  at  its  last  session,  with  an 
Executive  recommendation  favorable  to  some  effort  to- 
wards a  final  adjustment.  But  the  response  of  the  Legis- 
lature indicated  no  disposition  to  any  further  action  on 
the  subject.  My  object  in  calling  your  attention  to  these 
subjects  is  to  authorize  my  suggesting  to  you  the  opinion 
which  I  entertain,  that  to  secure  the  peace  and  harinony 
of  the  people  of  Georgia  requires  a  speedy  and  final  ad- 
justment of  both  these  boundary  lines.     And,  moreover, 


INDIANS    FROM    GEORGIA.  249 

I  entertain  no  doubt  but  that  the  subject  can  be  more 
easily  adjusted  with  the  Federal  Government,  who  is  now 
the  owner  of  the  soil  in  dispute,  than  can  hereafter  be 
done  with  the  State  and  Territorial  Governments.  If  you 
can  devise  any  plan  to  further  the  object  of  final  and  ami- 
cable adjustment,  you  would  thereby  render  an  important 
service  to  the  State. 

Very  respectfully,  your  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  March  5th,  '34. 
Dr.  N.  B.  Powell, 

Superintendent,  &c., 

Liberty,  Talbot  Co.,  Ga. 

Dear  Sir : —  Yours  of  the  3d  inst.  has  just  been  receiv- 
ed. The  difficulty  of  executing  the  act  of  the  last  Legisla- 
ture, authorizing  the  sale  of  the  negroes  belonging  to  the 
State,  is  to  me  no  new  discovery.  The  incongruity,  and, 
often,  the  ambiguity,  of  our  legislation,  is  such  as  to  ren- 
der it  almost  impracticable  to  execute  our  laws  at  all.  Yet 
it  is  the  obvious  duty  of  executive  officers  to  make  the 
laws  their  guide,  and,  as  far  as  practicable,  to  execute  the 
statutes  of  the  State  according  to  their  letter  and  spirit. 
I  hear  of  negroes  in  every  direction  out  of  place,  and  fear 
many  of  them  will  be  absent  on  the  day  of  sales.  But 
they  must  be  sold  where  the  law  directs,  or,  under  the 
proviso  of  the  law  in  case  of  their  absence,  I  can  order  no 
change  until  after  the  day  of  sale  passes.  In  the  course 
of  the  last  ten  days  I  have  found  at  this  place  several  of 
the  public  hands  who  belong  to  Col.  Lyman's  division, 
and  to  companies  one  hundred  miles  from  here.  Nine  of 
the  Brunswick  gang  have  absconded,  or  have  been  in- 
veigled away.  It  is  a  troublesome  dvity  we  have  to  per- 
form, and  requires  great  vigilance  to  prevent  the  State 
sustaining  immense  loss.  It  was  a  great  oversight  in  the 
Legislature  which  you  point  out,  and  I  have  no  doubt  but 
such  difficulties  as  the  one  pointed  out  by  you  will  occur. 
But  in  the  event  of  the  negroes  absconding  between  the 
time  of  sale  and  the  time  of  delivery  to  the  purchaser,  you 
can  only  return  the  purchaser  the  amount  of  money  paid, 
and  the  negro  must  be  resold.  It  appears  to  me  that  the 
previous    arrangements    made   vrith   the    bank   which   you 


250  REMOVAL  OF  THE  CHEROKEE 

suggest  might  be  practicable  ;  but  this  must  be  left  to  the 
parties  concerned,  and  not  to  the  Executive. 

It  is  a  subject  over  which  I  can  exercise  no  control. 
Although  thirty  days  are  allowed  for  purchasers  filing 
the  notes  required  by  the  act,  and  procuring  the  certifi- 
cate of  the  cashier,  yet,  in  most  cases,  it  may  be  done  in  a 
few  days,  and,  when  it  can  be  done  promptly,  the  negro 
might  remain  a  few  days  in  actual  confinement,  until  de- 
livered to  the  purchaser.  It  is  very  much  to  be  regretted 
that  the  whole  of  the  negroes  could  not  have  been  sold 
at  this  place,  as  I  urged  upon  many  of  the  members  of 
the  Legislature.  That  would  have  prevented  most  of 
the  perplexities  we  have  to  encounter,  and  caused  the 
negroes  to  have  sold  for  a  much  larger  aggregate  amount. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMKPIN. 


Executive  Department,  Ga., 

Milledgeville,  March  6th,  1834. 

Mr.  Elias  Boudinot, 

New  Echota,  Ga. 

Dear  Sir : — Yours  of  the  22d  ult.  is  now  before  me, 
from  a  hasty  perusal  of  which  I  incline  to  concur  with  the 
views  which  you  have  presented.  And,  should  the  facts 
stated  by  you  be  sustained  by  testimony,  I  should  sup- 
pose Mr.  Springer,  the  Agent  under  the  late  act  of  the 
Legislature,  would  not  feel  himself  authorized  to  report 
said  lot  to  the  Executive  as  being  liable  to  be  granted. 
The  grant  shall  not  issue  without  a  full  and  fair  examina- 
tion of  the  case.  And  you  may  rest  assured  of  a  disposi- 
tion on  my  part  to  do  you,  and  others  in  your  situation, 
ample  justice.  I  will  write  to  Mr.  Springer  on  the  sub- 
ject presented  in  your  letter,  which  will  no  doubt  induce 
him  to  reconsider  any  hasty  action  on  the  subject,  so  far 
as  to  afiford  you  an  opportunity  of  presenting  the  case  on 
its  true  basis. 

I  am,  sir,  very  sincerely 

Your  friend  and  obt.  servant, 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA. 


251 


Col.  Lvman. 


Executive  Department,  Ga.. 
Milledgeville,  March  nth,  1834. 


Dear   Sir :— Yours   of  the   7th   inst.   was   received  this 
morning.     I  should  have  written  to  you  before  now,  but, 
from  your  former  letters,  I  calculated  that   I  should  not 
fail  in  seeing  you  at  this  place  previous  to  the  commence- 
rnent  of  the  sales  of  the  public  hands.     Many  considera- 
tions made  it  very  desirable  that  I  should  have  seen  you, 
or  communicated  with  you,  more  fully  on  subjects   con- 
nected with  your  official  agency.    Your'bond,  sent  by  mail, 
was  duly  received,  and  is  entirely   satisfactory.     The  in- 
congruity and  ambiguity   of  the  late  act  of  the   Legisla- 
ture, authorizing  the  sale   of  the  public    hands,    did    not 
escape  my  attention  at  the  time  of  giving  to  it  my  assent. 
It  was  by  no  means  framed  to  suit  my  views,  and  the  dif- 
ficulties  suggested   in   your  letter,   now  open   before   me, 
would  have  been  wholly  avoided,  if  all  the  negroes  could 
have  been  sold  at  this  place,  as  I  desired ;  but'  it  now  be- 
comes our  duty  to   execute   the   lazv   as  we  find  it.     You 
will,   therefore,   be   under  the   necessity    of   retaining   the 
possession  of  the  negroes  in  every  case,  until  the  terms 
of  sale  are  fully  complied  with.     After  having  sold  and 
received  the  one-fifth  in  hand,  you  must  use  a  sound  dis- 
cretion as  to  the  best  mode  to  ensure  the  safe  keeping  of 
the  negroes,  until  the  further  requisitions  of  the  act' are 
complied  with.     I  foresee  the  danger  of  the  negroes  ab- 
sconding, when  they  do  not  fall  into  the  hands    of    pur- 
chasers whom  they  prefer,  but  I  am  unable  to  see  how 
you  are  to  avoid  these  difficulties,  except  it  be  in  the  way 
that  you  have  suggested.     Should  any  purchaser  desire  to 
make  the  entire  payment  in  cash,  on  the  day  of  sale,  I  can 
see  no  objection  to  your  receiving  the  monev,  and  giving 
a  deduction  of  the  interest  and  paying  the  money  over  to 
the  Central   Bank,  in  lieu  of  the  notes  authorized  to   be 
deposited  under  the  law.     I  fear  manv  of  the  negroes  will 
be  out  of  place  on  the  days  of  sale,  and  that  many  of  the 
purchasers  may  fail  to  comply  with  the  terms  of 'the  law 
—all  of  which  will  increase  our  labors— but  we  must  do 
the  best  we  can,  and,  as  far  as  possible,  carry  into  efifect 
the  act  of  the  Legislature.     If  any  negro  should  abscond 
between  the   day  of  sale   and  the   time  of  the   purchaser 
producing  to  you  the  certificate  of  the  cashier  of  the  Cen- 
tral Bank  in  terms  of  the  law,  if  the  purchaser  requires  it, 
I  would  advise  the  refunding  to  him   the   one-fifth   paid! 


252  REMOVAL  OF  THE  CHEROKEE 

upon  his  relinquishing  claim  to  the  negro,  and  we  could 
then  proceed  to  sell,  under  the  provision  of  the  act  to 
meet  such  cases.  I  am  pleased  to  hear  of  your  arrange- 
ment in  regard  to  the  road  from  Monroe  to  Lawrence- 
ville,  and  I  have  only  to  regret  that  the  balance  of  the 
public  hands  are  not  equally  well  employed. 

Very  respectfully  yrs.,  &c., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 
Milledgeville,  March  25,  1834. 
Wm,  G.  Springer,  Esq., 

Agent,  &c. 

Sir : — It  is  expected  this  will  be  handed  to  you  by  John 
A.  Cuthbert,  Esq.,  whom  I  have  employed  as  counsel  to 
sustain  your  legal  acts  as  Agent,  &c.,  in  the  injunction 
cases  returned  to  Cass  Superior  Court,  &c.  While  Mr. 
Cuthbert  is  instructed  to  sustain  you,  to  the  full  extent 
of  our  legal  authority,  he  is,  at  the  same  time,  advised  to 
counsel  you  to  retreat  from  any  error  into  which,  from 
the  intricate  nature  and  novelty  of  your  agency,  you  may 
by  possibility  have  fallen.  By  this  last  remark  you  will 
not  consider  me  as  passing  judgment  against  any  act  of 
yours,  but  as  anticipating  what  may  have  possibly  occur- 
red. 

I  deeply  regret  the  perplexing  litigation  into  which 
many  of  our  good  citizens  will  be  forced,  by  the  subtility 
of  selfish  and  unprincipled  lawyers,  and  the  imbecility  of 
a  novice  judge.  But  you  and  myself,  as  executive  officers 
of  the  Government,  must  be  content  with  a  faithful  and 
vigorous  discharge  of  our  official  duties.  We  have  no 
legal  and  constitutional  power  to  relieve  our  fellowmen 
from  the  assumptions  of  these  assuming  gentry.  The 
soverei-^n  people,  throusrh  their  constituted  organ,  the 
General  Assembly,  must  correct  the  evil.  I  regret  to 
learn,  from  the  last  letters  received  from  you,  that  many 
of  the  communications  which  I  had  made  to  you  had  not 
been  received. 

Respectfully,  yr.  obt.  servt.. 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA.  253 

Executive  Department,  Ga., 
Milledgeville,  March  14th,  1834. 
John  A.    Cuthbert,  Esq., 

Dear  Sir : — Having  consulted  you  on  the  bill  of  in- 
junction said  to  have  been  sanctioned  by  Judge  Hooper, 
which  proceedings  are  supposed  to  be  intended  to  stay, 
interrupt,  or  embarrass  the  official  functions  of  Wm.  G. 
Springer,  Esq.,  in  the  exercise  of  the  agency  confided  to 
him,  under  the  authority  of  a  special  act  of  the  Legisla- 
ture, and  considering  it  my  imperative  and  constitutional 
duty  to  sustain  the  Agent  aforesaid,  to  the  full  extent  of 
the  powers  vested  in  him  by  the  provisions  of  the  act  of 
the  Legislature  referred  to ;  and  having  obtained  your 
consent  to  attend  at  the  time  and  place  designated  in 
said  bills,  as  counsel  on  the  part  and  in  behalf  of  the 
Agent  aforesaid,  for  the  purpose  of  defending  his  legal 
and  constitutional  acts  done  and  performed  under  the 
provisions  of  said  act ;  I  have,  on  reflection,  deemed  it 
my  duty  to  put  you  in  possession  of  such  facts  and  cir- 
cumstances as  may  tend  to  prevent  any  misapprehension 
in  regard  to  the  subject  under  consideration,  and  make 
some  additional  suggestions  which  have  occurred  to  me 
in  connection  with  the  subject. 

The  Agent  (Mr.  Springer),  when  about  to  enter  upon 
the  duties  of  his  appointment,  received  from  me  written 
instructions,  of  a  general  and  specific  character,  direct- 
ing him.  in  the  most  emphatic  terms,  to  make  the  law 
under  which  he  received  his  appointment  his  rjile  a7id 
guide,  and.  in  every  case,  to  be  careful  not  to  transcend 
its  limitations.  When  at  a  loss  he  was  instructed  to  pro- 
cure legal  advice.  Since  he  entered  upon  the  duties  of 
his  office,  I  have  given  him  additional  advice,  whenever 
any  new  idea  occurred  to  me.  or  when  he  has  sought  my 
opinions  upon  any  case  which  has  arisen  under  the  law. 
Mr.  Springer  is,  therefore,  fully  in  possession  of  my  views, 
in  regard  to  his  official  course,  as  well  as  my  construc- 
tion of  the  act,  on  all  important  points  relating  to  his  duty 
as  Agent.  You  will,  therefore,  feel  yourself  at  liberty  to 
request  Mr.  Springer  to  give  you  the  perusal  of  my  in- 
structions and  advice  given  to  him  at  dififerent  times, 
which  will  place  you  in  possession  of  my  general  views. 
and  enable  you  to  judge  whether  the  Agent  has  trans- 
cended my  instructions  or  not.  I  have  been  thus  particu- 
lar in  order  to  guard  you  against  misapprehension  in  re- 


254  REMOVAL  OF  THE  CHEROKEE 

gard  to  my  object  of  engaging  your  legal  services  in  this 
business.     So  far  as  the  law  has  imposed  duties  upon  the 
Excutive,  or  the  Agent  appointed  by  him,  and  the  duties 
of  the  Agent  have  been  performed  in  conformity  with  the 
law  and  the  instructions  which  he  has  received  from  the 
Executive,  I  consider  your  services  engaged  in  behalf  of 
the  State,  and  its  public  functionaries.     But  should    the 
Agent  have  departed  from  his  duty  in  any  case,  he  should 
retreat   from  his   error   and  not  be   sustained,   except   in 
the   faithful  discharge  of  his  lawful  duty.     A   distinction, 
too,  must  be  drawn'between  the  official  acts  of  the  Agent 
and  the  acts  of  individuals.     I  deeply  regret  that  our  citi- 
zens should  be  harassed  by  the  subtlity  of  selfish  lawyers 
and  the  assuming  imbecility  of  a  novice  judge;  but  these 
are  evils  beyond  the  interposition  of  Executive  authority. 
Officially,  my  only  concern  is  to  see  that  the  Agent  is  not 
impeded   in   the   discharge   of   his   lawful   duty.      Judging 
from  the  bill  of  injtmction  which  we  have  examined,  it 
appears  to  be  the  object  of  the  proceeding  to  prevent  the 
Agent  from  doing  a  certain  act  which  I  apprehend  he  has 
never  intended  or  threatened  that  he  would  do,  because 
the  law  requires  no  such  act  from  him.    Why  the  Agent 
should  be   brought  before  the  court,   in   connection   with 
litigant  citizens,  I  cannot  comprehend.    The  Agent  must 
do  his  duty  and  answer  for  his  own  conduct.     Every  citi- 
zen must  manage  and  prosecute  his  own  rights  as  secured 
to  him  by  law,  without  making  the  State  a  party  in  every 
trivial  case  to  be  brought  before  an  unqualified  judge  who 
by  accident  happens  to  be  clothed  with  a  little  brief  au- 
thority.     The   political   rights   of   Georgia   are   not  to   be 
tried  by  any  court  under  Heaven.     Much  less  can   such 
rights  be  permitted  to  come  before  Judge  Hooper.   While 
the  Agent  will  be  promptly  and  fully  sustained  in  the  vig- 
orous discharge  of  his  duty,  he  must  yield  to  the  courts 
everything  which  the  laws  and  Constitution  have  confided 
to   that   department  of  the   Government.      If  the   citizens 
cannot  obtain  justice  before  the  present  court,  the  consti- 
tutional remedy  must  be  looked  to  for  redress.     I  think 
proper  to  add  that,  humble  as  my  pretentions  are  to  legal 
acquirements,    T    protest    against    the    jurisdiction    of    the 
court,   in   sanctioning  or   sustaining  such   bills   of  injunc- 
tion as  those  which  have  been  submitted  to  my  examina- 
tion.    If,  however,   the  allegations  contained   in  the  bill 
be  admitted,  and  the  court  required  to  make  up  its  decree 
and  order  accordingly,  what  would  be  the   predicament 
of  the  judge?     Would  he  not  be  under  the  necessity  of 


INDIANS    FROM    GEORGIA.  255 

making  a  decree  on  a  question  involving  the  vital  politi- 
cal rights  of  two  distinct  communities,  both  claiming  the 
rights  of  sovereign  State  Government? 

The  judge,  by  the  sanction  and  countenance  alreadv 
given  to  these  proceedings,  has,  in  my  estimation,  greatly 
transcended  his  official  bounds,  and  has  attempted  to  give 
support  to  the  efiforts  of  the  enemies  of  the  State  and  its 
Government,  by  undermining  the  very  foundation  upon 
which  all  our  claims  to  State  sovereignty  are  based. 

I  am,  dr.  sir.  very  respectfully, 

Yr.  obt.  servant, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  March  28th,  1834. 
C.    D.   Terhune,  Esq. 

Dear  Sir: — I  thank  you  for  the  information  contained 
in  your  letter  of  the  20th  inst.,  giving  me  the  details  of 
the  progress  and  prospects  of  the  enrolling  business  in 
which  you  are  engaged. 

Notwithstanding  all  the  efiforts  which  have  been  made 
and  which  are  still  persevered  in,  to  keep  the  Cherokees 
back  from  emigration,  from  the  nature  of  things  as  they 
now  exist,  this  benevolent  policy  of  the  Government  must 
and  will  prevail,  because  it  is  the  interest  of  the  Indians 
that  it  should.  The  enemies  of  the  Government  seem  de- 
termined to  struggle  in  their  opposition  to  the  last.  They 
have  said:  "They  will  not  let  the  people  go."  Rut  events 
of  Providence  point  to  a  different  decree.  The  tide  of 
Indian  emigration  sets  West,  and,  if  a  treaty  with  the 
Cherokees  cannot  be  effected,  emigration  will  graduallv 
take  them  away,  until  not  a  hoof  will  be  left  behind. 

The  suggestions  which  you  make  are  not  new  to  me, 
and  will  receive  due  attention.  If  we  fail  in  a  treatv,  the 
best  measures  will  be  resorted  to  for  the  purpose  of  ef- 
fecting the  desired  object.  I  am  whollv  unprepared  to 
say  what  will  be  the  future  course  of  Judge  Hooper ;  but. 
judging  from  the  past,  I  anticipate  nothing  good  from 
him. 

But  Hooper  and  his  co-workers  are  not  able  to  ac- 
complish as  much  evil  as  many  seem  to  anticipate.  The 
evils  and  confusion  of  the  present  moment,  produced  by 
his  course  of  conduct,  can  only  last  until  the  meeting  of 
the  next  Legislature,  by  which  time  I  hope  the  represen- 


256  REMOVAL  OF  THE  CHEROKEE 

tatives  of  the  people  will  concur  with  me  in  believing  that 
the  security  of  the  State  and  its  citizens  can  only  be  main- 
tained by  restraining  the  assumptions  of  lawyers  and 
judges  who  seem  disposed  to  trample  on  the  rights  of  the 
people  secured  to  them  by  their  own  laws.  Indignant  as 
I  feel  at  the  conduct  of  the  Judge,  and  determined  as  I 
am  not  to  permit  him  to  extend  his  usurpations  to  any  of 
my  constitutional  and  legal  rights,  I  nevertheless  feel 
bound  not  to  transcend  my  own  limits,  but  to  execute 
the  laws  as  I  find  them,  and  not,  by  construction,  to  as- 
szune  what  I  desired  that  the  law  should  be.  I  regret  to 
find  the  people  have  been  induced  to  beUeve  that  I  am 
clothed  with  power  which  is  not  to  be  found  in  the  law. 
Investigation,  however,  will  rectify  misapprehension  on 
this  subject,  when  they  will  not  expect  their  Executive 
(even  for  the  righteous  purpose  of  giving  them  speedy 
and  summary  justice)  to  usurp  legislative  and  judiciary 
power. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  March  28th,  1834. 

Wm.   G.    Springer,  Esq. 

Sir : — Your  letter  of  the  20th  inst.  was  received  this 
morning,  and  its  contents  carefully  examined.  A  letter  of 
the  same  date  was  also  received  from  Z.  B.  Hargrove, 
Esqr.  These  two  letters,  taken  in  connection,  would  seem 
to  render  it  doubtful  whether  I  should  address  you  on  the 
subject  of  your  agency,  or  enter  upon  a  defense  of  my 
own  conduct,  with  a  view  of  relieving  myself  from  the 
many  imputations  which  it  seems  that  my  unprincipled 
enemies  have  had  the  address  to  impress  upon  the  minds 
of  my  sensitive  and  suspicious  friends.  In  a  case  like  the 
one  under  consideration,  I  should  feel  myself  degraded  in 
making  strong  protestations  of  frankness  and  candor  and 
sincerity  to  you,  or  Col.  Hargrove  either,  if  I  had  not  the 
slightest  regard  or  respect  for  either  of  you.  You  stand 
related  to  me  before  the  public  in  a  point  of  view  that 
neither  of  you  can  be  lessened  in  the  public  estimation, 
without  injury  to  myself.  Therefore,  the  first  law  of  na- 
ture, self-love,  would  forbid  my  detracting  from  your 
merits  while  you  stand  in  the  relation  which  you  now  do 
towards   me.      I   have   condemned   none   of   vour   acts    to 


INDIANS    FROM    GEORGIA.  257 

any  person  whatever;  but,  from  letters  heretofore  received 
from  both   you   and    Col.   Hargrove,    I    have   entertained 
some  apprehension  that  you  might  be  induced  to  trans- 
cend   your    official    duties,    and    these    apprehensions    are 
by  no  means  removed  by  your  present  communications. 
My  views  and  construction  of  the  law  under  which  you 
are  now  engaged  as  Agent,  &c.,  have  been  freely  giVen 
to  you  and  Col.  Hargrove,  as  well  as  to  others  who  have 
sought  to  know  my  opinions.     I  have  uniformlv  declared 
in  my  writings  and  conversations   (including  m'y  instruc- 
tions to  you),  my  determination  that  the  late  act  of  the 
Legislature,    so   far   as    depended    upon     the     Executive, 
should  be  faithfully  and  fully  carried  into  effect,  and  that 
any  interference  by  Judge  Hooper,  or  any  other  person, 
or  persons,  whatever,  intended  to  interrupt  or  hinder  you 
from   the   performance  of  your   official    duties,   would   be 
disregarded  by  me,  and  that  I  would  sustain  you  in  all 
the  legal  acts  which  might  devolve  on  you.     It  "is  my  im- 
perative and  sworn  duty  to  execute  the  laws    as    /    find 
them,    and  not  what  we  might  desire    should  be   the  lazv. 
Consequently,   I  cannot   consent   to   be   guided    bv    what 
members  of  the  Legislature  may  say  they  intended  to  en- 
act, when  there  is  an  obvious  failure  to  carry  such  inten- 
tion into  effect  by  the  words  of  the  law  itself.     My  writ- 
ten notes,  furnished  to  the  Committee  who  reported  the 
bill  under  consideration,  will  prove  that  it  was  my  wish 
that  the  Executive  should  have  been  clothed  with 'power 
to   put  the   rightful   owners   of  all   lots   authorized   to  be 
granted  by  the  late  act  into  the  immediate  possession  of 
their  lands.     And  I  believe  the  bill  was  so  reported  to  the 
House,  but,  during  its  progress,  was  changed  and  altered 
to  Its  present  shape.     I  have  no  doubt  but  that  a  large 
majority  of  the  people  of  Georgia  agree  with    my    own 
views   on  this  subject,  and  the  people  have  been  taught 
to  beHeve,  without  examining  the  law,  that  the  Governor 
and  his  Agent  had  the  power  under  the  law  to  afford  them 
summary  and  speedy  relief.     But  this  is  not  the  law ;  that 
instruments  will  always  speak  for  itself ;  and  those  who  are 
endeavoring  to  make  the  people  believe  that  I  have  pow- 
ers to  relieve  them,  and  have  shrunk  from  my  duty,  shall 
be  exposed,   let  it  cost  me  what  trouble  and   expense  it 
may.     It  has  been  wickedly  done  to  injure  me,  and  shall 
not   escape_  public   notice.      Knowing   mv   desire   to   have 
this  authority,  and  having  been  denied  it  by  the  intrigues 
and  management  of  my  opponents,  the  policv  now  is  to 
make  my  friends  believe  that   I  have  the  power,  but  am 


258  REMOVAL  OF  IHE  CHEROKEE 

too  timid  to  exercise  it !  Those  who  take  the  lead  in  mis- 
leading the  public  on  this  subject  would  be  the  first  to 
raise  the  cry  of  assumption ,  if  in  any  case  you  transcend 
the  laws. 

You  have  not  acknowledged  my  letter  giving  you  my 
construction  of  the  act,  and  I  am  therefore  left  to  con- 
jecture whether  this  and  other  letters  which  I  have  writ- 
ten have  been  received  or  not.  For  my  views  of  the 
laws,  I  refer  you  to  Mr.  Cuthbert,  who  visits  Cass  Court 
for  the  express  purpose  of  aiding  you  with  his  legal  ad- 
vice, &c.  Neither  friends  nor  foes  can  provoke  me  to 
depart  knowingly  from  my  duty  in  assuming  power  which 
the  Legislature  have  refused  to  give  me,  and  that,  too, 
after  I  had  sought  it  at  their  hands.  The  false  impres- 
sions which  have  evidently  been  made  on  the  minds  of 
yourself  and  Hargrove,  by  mischievous  persons,  have 
grown  out  of  the  fact  of  your  names  being  united  in  the 
bill  of  injunction  sued  out  by  Adair.  This  has  led  to  con- 
versations with  various  persons,  in  which  your  names  have 
necessarily  been  united.  And  my  being  apprised  of  the 
construction  placed  on  the  law  by  Col.  Hargrove,  in  re- 
gard to  the  powers  of  the  Agent,  necessarily  induced  me  to 
apprehend  that,  as  far  as  his  influence  might  extend,  it 
would  be  exercised  to  carry  into  effect  his  own  views  of 
the  meaning  of  the  law.  But  am  I,  therefore,  to  be  con- 
sidered unkind  to  you,  or  Col.  Hargrove,  either?  I  trust 
not.  I  know  I  ought  not.  I  have  a  high  and  sacred  duty 
to  perform,  for  which  I  am  acountable  to  the  whole  peo- 
ple of  Georgia.  And  am  I  to  be  controlled  in  the  per- 
formance of  this  duty,  contrary  to  the  convictions  of  my 
own  judgment  and  conscience,  by  the  opinions  of  any  in- 
dividual (however  much  I  respect  him),  or  be  considered 
as  giving  grievous  ofifense  for  an  honest  difiference  of 
opinion?  What  are  the  arguments,  or  reasons,  advanced 
by  you  and  Col.  Hargrove  in  your  letter  now  open  be- 
fore me  to  sustain  your  opinions?  Neither  of  you  refer 
to,  or  quote,  a  sentence  of  the  law  or  attempt  the  slight- 
est comment  on  it,  which  goes  to  sustain  the  opinions 
which  you  have  avowed !  You  both  say  that  members 
of  the  Legislature  state  that  they  intended  the  law  should 
be  thus  and  so,  and  that  public  opinion  demands  it.  You 
also  refer  me  to  the  opinions  expressed  by  Grand  Juries, 
&c.  In  reply  to  all  this  I  assure  you  that  no  man  in  Geor- 
gia can  or  ought  to  respect  public  opinion  more  than  I 
do.  The  basis  of  my  whole  political  creed  is,  and  always 
has  been,  that  our  Government  is  founded  on    pitbHc  opin- 


INDIANS    FROM    GEORGIA. 


259 


0  11 — that  the  will  of  the  people  ought  to  and  will  prevail. 
Moreover,  that  the  majority  will  finally  do  right.  There- 
fore, I  have  no  fear  but  what  the  people  will  correct  the 
evils  of  the  present  moment,  and  bring  order  out  of  con- 
fusion, and  put  down  the  assumptions'of  Hooper,  Under- 
wood &  Co.  But  the  people  will  effect  this  in  a  legal  and 
constitutional  mode.  They  do  not  expect,  or  require, 
their  Chief  Magistrate  to  transcend  the  limits  of  his  law- 
ful and  constitutional  duty.  They  do  not  expect  their 
Executive,  in  a  summary  way,  to  usurp  legislative,  judi- 
cial and  unlimited  power,  not  even  for  the  righteous  ob- 
ject of  administering  speedy  justice  to  them.     Although 

1  may  be  censured  for  a  time  under  an  erroneous  impres- 
sion that  I  have  failed  to  do  my  duty,  and  that  I  have 
yielded  a  portion  of  my  official  prerogative  to  the  usur- 
pations of  the  judiciary,  yet  I  entertain  not  the  shadow 
of  adoubt  but  that  my  constituents,  when  the  whole  truth 
is  laid  before  them,  will  do  me  justice.  And  from  the  pres- 
ent appearances  I  may  find  it  necessary  at  an  early  day 
to  lay  before  the  public  such  information  as,  under  or- 
dinary circumstances,  would  refer  itself  to  the  next  ses- 
sion of  the  Legislature.  I  find  my  enemies  have  the  ad- 
dress to  subject  me  to  the  cross-fire  of  friends  and  foes. 
However,  I  rely  upon  truth  and  the  intelligence  of  the 
people,  and  entertain  no  fears  of  the  result. 

Respectfully,  your  obt.  servt., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 

Milledgeville,  April  17th,  1834. 
Dr.  N.   B.   Powell, 

Superintendent,   &c. 

Sir: — Having  expected  to  see  you  here  before  this, 
your  favor  of  the  15th  inst.,  received  this  dav,  relieved 
me  from  suspense.  I  have  been  pleased  to  hear  of  the 
advantageous  sale  which  you  have  made  of  the  public 
hands,  and  am  glad  to  learn  that  you  had  so  few  absent. 
When  and  where  do  you  sell  the  two  which  you  have  ob- 
tained who  were  then  absent  ?  Would  you  not  do  well  to 
advertise  the  one  that  still  remains  out?  Col.  Lyman  has 
recently  left  here,  after  having  arranged  his  bus'iness  and 
made  a  settlement  with  the  Bank  as  far  as  practicable. 
Eight  of  the  negroes  under  his  superintendence  were  ah- 


26o  REMOVAL  OF  THE  CHEROKEE 

sent  at  the  time  of  his  sales,  three  of  which  we  have  since 
heard  of  in  jail.     He  has  advertised  the  others. 

Respectfully,  your  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  May  14th,  1834. 
To  the  Inspectors  of  the  Penitentiary. 

Gentlemen : — I  have  received  your  note  of  yesterday, 
informing  me  that  a  difference  of  opinion  has  arisen  in 
the  Board  of  Inspectors,  with  regard  to  the  true  construc- 
tion of  the  30th,  31st  and  32nd  rules  for  the  government 
of  the  Penitentiary,  and  in  relation  to  the  power  therein 
vested  in  the  Principal  Keeper,  and  you  further  request 
my  opinion  on  the  subject. 

These  rules  confide  extensive  and  indispensable  pow- 
ers to  the  Principal  Keeper,  without  which  no  such  insti- 
tution could  be  properly  governed,  or  managed.  But  the 
various  duties  which  devolve  on  the  Inspectors  evince 
the  propriety  of  the  Principal  Keeper  paying  due  respect 
and  regard  to  the  views  and  opinions  of  Inspectors,  in 
all  important  matters  relating  to  the  management  and 
government  of  the  institution.  In  the  first  two  rules  re- 
ferred to,  the  duties  and  responsibilities  of  the  Principal 
Keeper  are  clear  and  explicit.  In  the  32d  rule,  when  taken 
alone,  there  may  appear  to  be  some  vagueness  or  ambig- 
uity, in  that  part  of  the  rule  which  relates  to  the  Assistant 
Keepers  obtaining  leave  of  absence.  The  reading  clearly 
indicates  the  right  of  the  Inspectors  to  grant  leave  of  ab- 
sence to  the  Assistant  Keepers,  but,  from  the  general 
powers  confided  to  the  Principal  Keeper,  by  the  rules  re- 
ferred to,  I  should  not  consider  the  Principal  Keeper  as 
transcending  his  authority  in  granting  such  leave  as  cir- 
cumstances may  clearly  justify,  in  the  absence  of  the 
Board  of  Inspectors.  I  would,  however,  advise  that  all 
officers,  in  the  exercise  of  any  doubtful  or  delicate  trust, 
should  be  careful,  at  all  times,  to  make  respectful  ex- 
planations to  those  with  whom  they  are  associated  in  the 
joint  object  of  executing  an  important  law  of  the  country. 

I  consider  the  Inspectors  not  only  authorized,  but  re- 
quired, to  scrutinize  even  the  le^al  exercise  of  all  powers 
confided  to  every  officer  of  the  Penitentiary,  and  not  only 
interpose  to  prevent  everything  in  the  nature  of  usurpa- 
tion, but  to  use  their  influence  in  promoting  a  wise  and 


INDIANS    FROM    GEORGIA.  261 

prudent  administration  of  the  laws  of  the  institution,  re- 
garding the  spirit  as  well  as  the  letter  of  the  law. 

Very  respectfully,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  May  30,  1834. 
Hon.  John  Forsyth. 

Dear  Sir : — I  have  just  read  the  report  of  the  debate 
and  proceedings  in  the  Senate  of  the  United  States  (as 
published  in  the  papers),  which  occurred  on  the  presen- 
tation of  the  memorial  of  John  Ross  and  other  Cherokees, 
claiming  to  be  the  representatives  of  the  Cherokee  Na- 
tion. The  part  taken  by  you  on  the  occasion  will  receive 
the  approbation  of  the  people  of  the  State  which  you  rep- 
resent, and  their  constituted  authorities.  If  anything 
could  surprise  me  which  conies  from  the  opponents  of  the 
present  Federal  administration,  the  revival  of  excitement 
on  the  Indian  subject  could  not  fail  to  do  so. 

From  letters  which  I  have  received  from  part  of  our 
delegation  in  Congress,  and  from  an  intimate  knowledge 
of  the  present  state  of  things  amongst  the  Cherokees,  I 
had  indulged  a  hope  that,  before  the  close  of  the  present 
session  of  Congress,  a  final  and  satisfactory  arrangement 
might  be  effected  with  the  Cherokees  for  their  entire  re- 
moval to  the  West.  But,  after  seeing  the  course  of  Ross 
and  his  political  alius,  at  Washington,  as  well  as  in  Geor- 
gia, I  am  forced  to  the  conclusion  that  we  should  place 
no  reliance  upon  such  a  desperate  faction. 

Before  this  reaches  you,  you  will  be  able  to  perceive, 
from  various  articles  in  the  Georgia  papers,  that  there 
has  been  a  perfect  concert  of  action  between  the  Ross 
party  here  and  at  Washington,  in  getting  up  a  new  Indian 
excitement.  The  conduct  of  the  Indians  and  their  allies 
in  the  Cherokee  part  of  Georgia  has  recently  produced 
a  most  extraordinary  excitement  among  our  white  popu- 
lation, in  that  part  of  the  State.  In  some  places  the  peo- 
ple have  become  so  much  alarmed  at  the  insolence  and 
outrage  of  the  Indians  as  to  send  expresses  to  me,  stat- 
ing their  belief  that  the  lives  of  the  whites  were  in  danger, 
and  requesting  the  aid  of  a  military  guard  to  ensure  their 
tranquillity  and  safety.  I  have  received,  however,  no  evi- 
dence which,  in  my  opinion,  would  justify  their  apprehen- 
sions, or  authorize  military  operations.     Nothing  but  ab- 


262  REMOVAi.  OF  THE  CHEROKEE 

solute  necessity  will  induce  me  to  supersede  the  civil  au- 
thority by  the  interposition  of  the  military.  When  the 
population  will  admit  of  it  in  the  new  counties,  I  am  en- 
deavoring to  efifect  the  organization  of  volunteer  com- 
panies, to  be  placed  under  the  command  of  prudent  and 
intelligent  men,  who  will  be  furnished  with  arms  from 
our  public  arsenals  to  meet  any  emergency  which  may 
possibly  occur. 

I  have  instructed  the  most  intelligent  of  our  citizens, 
consisting  of  civil  and  military  officers,  to  rely  upon  the 
civil  authority,  and  render  every  aid  in  the  due  execution 
of  the  laws  of  the  State.  But  you  may  be  assured  that 
the  excitement  is  such  in  some  neighborhoods  that  I  find 
at  this  moment  a  current  of  opposition  to  any  calm  and 
peaceful  measures  which  requires  firmness  and  decision 
to  withstand.  Although  I  cannot  apprehend  any  exten- 
sive mischief  being  done  to  our  new  settlers,  nevertheless 
I  must  admit  to  you  that  I  am  not  without  fears  that 
enough  may  occur  to  produce  great  and  extensive  ex- 
citement. 

If  the  reckless  enemies  of  Georgia  and  the  adminis- 
tration are  determined  upon  evil  and  confusion  in  the 
Cherokee  part  of  Georgia,  be  it  so.  We  cannot  prevent 
it.  We  must  meet  the  crisis  when  it  comes ;  and  I  am 
resolved  to  be  in  readiness  to  act  with  promptitude  and 
decision.  Before  the  close  of  the  year  it  may  become 
necessary  to  remove  every  Cherokee  from  the  limits  of 
Georgia,  peaceably  if  we  can,  forcibly  if  we  must. 

The  State  shall  no  longer  be  trifled  with  and  harassed 
by  the  enemies  of  good  order  and  all  civil  government ! 
The  friends  of  anarchy  and  revolution  will  be  disappoint- 
ed in  their  plans  of  evil.  No  friend  of  humanity  can,  un- 
der the  existing  state  of  things,  any  longer  encourage 
the  unfortunate  Cherokees  to  persevere  in  a  controversy 
which  has  already  brought  them  to  the  verge  of  ruin. 
You  will  consider  this  an  official  letter,  and  the  use  of  it 
is  left  to  your  own  discretion.  To  save  me  the  trouble  of 
writing,  you  are  at  liberty  to  communicate  it  to  such  of 
your  colleagues  as  you  may  think  proper.  You  can  also 
confer  on  these  subjects  with  the  President  of  the  United 
States  and  Secretary  of  War.  Please  to  keep  me  advised 
of  passing  events  at  Washington  on  this  subject. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA.  263 

Executive  Department,  Ga., 
Milledgeville,  August  27th,  1834. 
Maj.  Gen'l  E.  P.  Gaines, 

Memphis,  Tenn. 
Dear  Sir:— Your  favor  of  the  5th  inst.  was  received 
yesterday  accompanied  by  your  printed  answer  (dated 
the  5th  of  April  last)  to  my  letter  of  the  3d  March  last  I 
have  now,  for  the  first  time,  hastily  read  your  interestino- 
answer  to  my  letter— very  properly  intended  for  the  pub'- 
hc  eye  because  the  public,  Hke  myself,  will,  on  manv 
pomts,  be  enlightened  by  its  contents.  I  have  only  time 
at  present  to  say  that  I  feel  assured  our  great  end  and  ob- 
ject is  the  same— to  benefit  our  fellowmen  by  every  means 
which  may  be  at  our  disposal. 

Permit  me  to  add  my  entire  confidence  in  your  quali- 
fications and  ability  to  render  important  aid  in  carrying 
into  efifect  the  noble  and  extensive  plans  of  internal  im- 
provement which  you  have  been  efficientlv  instrumental 
in  bringing  before  the  public.  Any  further  views  which 
1  may  have  to  submit  on  the  subject  under  consideration 
so  tar  as  Georgia  may  be  immediately  interested,  it  may 
be  expedient  to  reserve  for  the  approaching  session  of  the 
Legislature  I  am  gratified  to  learn  Lt.  Col.  Long  will 
pass  through  this  place,  and  shall  be  prepared  to  give  him 
a  kind  reception,  and,  at  the  same  time,  avail  myself  of 
his  enlightened  views  on  the  deeply  interesting  subject 
now  under  discussion.  '  ^ 

I  have  the  honor  to  be,  with  high  regard  and  consid- 
eration, 

Yr.  obt.  servt  , 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Sept.  25th,  1834. 
Col.  M.   St.    Clair  Clarke, 

Washington,  D.  C. 
Sir:— Your  favor  of  the  15th  inst.  (forwarded  by  Mr. 
i^orsyth)  has  been  duly  received,  wherein  you  express 
the  opmion  that  the  State  of  Georgia  has  a  good  claim 
against  the  United  States  for  about  one  hundred  thou- 
sand dollars,  growing  out  of  services  rendered  and  moneys 
paid  by  the  State  during  the  Revolutionary   War      You 


264  REMOVAL  OF  THE  CHEROKEE 

further  state  the  terms  upon  which  you  would  undertake 
to  investigate  and  prosecute  the  claim,  and  add  that,  if 
you  are  employed,  it  will  be  proper  to  lay  the  whole  sub- 
ject before  me.  in  order  that  I  may  be  satisfied  that  the 
claim  is  meritorious,  and  one  which  does  not  compromise 
the  honor  and  patriotism  of  the  State  in  making  it. 

My  confidence  in  your  intelligence  and  integrity  of 
character  at  once  forces  me  to  the  conclusion  that  the 
claim  should  be  promptly  investigated  and  prosecuted ; 
and  the  terms  upon  which  you  propose  to  be  employed 
as  the  agent  of  the  State  meet  my  approbation.  The 
subject,  however,  must  be  brought  before  the  Legisla- 
ture, at  their  approaching  session  in  November,  when  I 
shall  probably  be  made  the  legal  organ  of  negotiating 
with  you  on  the  subject.  In  the  meantime,  you  will  per- 
ceive the  necessity  of  my  being  immediately  put  in  pos- 
session of  such  facts  as  may  justify  me  in  calling  the  at- 
tention of  the  Legislature  to  the  subject.  You  mention 
having  named  this  subject  to  several  members  of  the 
Georgia  delegation,  with  a  request  that  they  would  make 
known  to  me  your  willingness  to  enter  upon  the  agency 
contemplated.  Your  letter  contains  the  first  and  only 
intimation  I  have  ever  received  upon  the  subject  of  the 
claim  alluded  to  from  any  one  whatever.  I  shall  expect 
to  hear  from  you  again  on  this  subject. 

Yr.  most  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Sept.  25th,  1834. 
Maj.  B.  F.  Curry, 

Calhoun,  Cherokee  Agency,  Tennessee. 

Sir: — My  anxiety  to  hear  from  you,  on  the  subject 
of  Indian  afifairs  and  prospects,  was  this  day  relieved  by 
the  reception  of  your  favor  of  the  13th  inst.,  enclosing 
a  copy  of  the  instructions  of  the  President  of  the  United 
States  to  you  and  Col.  Montgomery ;  also  a  copy  of  a 
letter  from  you  and  Col.  Montgomery  to  Governor  Car- 
roll. The  instructions  of  the  President  of  the  United 
States  are  such  as  might  be  expected  from  a  source  so 
enlightened  and  patriotic.  But  it  is  evident  that  the  States, 
having  assumed  the  exercise  of  their  rights  to  govern  and 
control  the  Indians  within  their  respective  limits,  ought 
now  principally  to  look  to,  and  rely  upon,  their  own  laws, 


INDIANS    FROM    GEORGIA.  265 

and  an  efficient  enforcement  of  the  same  to  keep  the  In- 
dians under  proper  control  and  subjection  to  the  policy 
and  laws  of  the  States.  As  regards  Georgia,  you  are 
doubtless  apprised  of  the  embarrassment  and  perplexities 
which  the  Executive  and  people  have  encountered,  for 
the  want  of  a  faithful  co-operation  of  the  judiciary  de- 
partment. 

A  combination  of  lawyers  are  kept  in  the  service  (and 
I  presume  pay)  of  Ross  &  Co.  to  thwart  and  overturn 
the  whole  policy  of  the  State,  and  the  views  of  the  Judge 
of  the  Cherokee  Circuit  appear  to  coincide  with  this  com- 
bination to  a  sul^cient  extent  to  encourage  the  delusive 
hopes  of  the  Cherokees,  and  embolden  them  in  their  in- 
solence and  most  extraordinary  assumptions  and  out- 
rages. I  have  confidence  that  a  majority  of  the  members 
of  the  approaching  Legislature  will  be  composed  of  the 
friends  of  the  State  and  our  common  country;  and  that 
we  may  therefore  expect  such  legislation  as  will  correct 
many  existing  evils,  especially  such  as  you  point  out  in 
your  letter. 

Under  the  existing  state  of  things,  and  the  present 
temper  manifested  by  the  Indians,  I  indulge  but  little  hope 
in  regard  to  enrollment  for  emigration.  The  Indians  have 
certainly  gained  confidence  by  the  aid,  countenance  and 
friendship  which  they  have  received  from  the  enemies  of 
the  President  and  myself,  in  Georgia  and  elsewhere. 

The  instructions  of  the  President  to  you  and  Col. 
Montgomery,  to  procure  testimony  in  certain  cases  there- 
in pointed  out,  I  deem  to  be  of  great  importance.  I  have 
more  than  once  given  similar  instructions  to  agents  and 
ofBcers  of  Georgia ;  but  regret  the  necessity  of  saying  that 
I  have  never  been  able  to  collect  such  testimony  as  would 
convict  the  conspirators  of  the  villany  with  which  rumor 
had  charged  them.  These  charges  generally  reach  me 
in  a  vague  and  heresay  form.  I  don't  expect  to  efifect 
much  for  the  better,  until  after  the  meeting  of  the  Legis- 
lature ;  but,  should  any  recommendations  to  the  Legis- 
lature be  sustained.  I  trust  a  quietus  will  be  given  to  many 
existing  evils.  Please  let  me  hear  from  you  frequently, 
and  believe  me  to  be.  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


266  REMOVAL  OF  IHE  CHEROKEE 

Executive  Department,  Ga., 

Milledgeville,  Augt.  28th,  1834. 
Col.  Wm.  N.  Bishop, 

Murray  Co.,  Ga. 

Dear  Sir : — Your  interesting  favor  of  the  22d  inst.  is 
now  before  me,  and  for  which  I  thank  you,  because  I  feel 
assured  that  it  places  me  in  possession  of  facts  as  they 
really  exist. 

The  object  of  the  present  meeting  of  the  Cherokees, 
near  the  Tennessee  line,  is  to  lay  before  them  various 
matters  relating  to  their  annuities,  and  other  things,  as 
well  as  to  sound  their  opinions  in  regard  to  the  late  treaty 
arrangement  entered  into  by  the  emigrating  delegation 
at  Washington.  I  regret  to  learn  from  your  letter,  as 
well  as  from  other  sources,  that  the  course  of  Judge 
Hooper,  Underwood  &  Co.  has  so  far  succeeded  in  fos- 
tering the  vain  hope  of  the  Cherokees  that  they  can  suc- 
cessfully resist  the  constituted  authorities  of  Georgia  in 
the  settlement  of  her  territory.  I  am  perfectly  aware 
of  the  combination  of  which  you  speak,  and  I  perceive 
the  evil  tendency  which  has  and  must  result  from  their 
efforts.  It  is  surpassing  strange  that  any  citizen  of  Geor- 
gia should  be  found  arrayed  against  the  best  interest  and 
rights  of  the  State,  and  yet  have  the  effrontry  to  talk 
about  "State  rights,"  and  even  claim  and  seek  the  politi- 
cal confidence  of  the  people  while  they  are  thus  laboring 
to  prostrate  the  dignity  and  sovereignty  of  the  State  at 
the  feet  of  a  handful  of  ambitious,  half-savage  men,  who 
are  the  mere  tools  of  a  violent  political  faction,  evidently 
determined  upon  the  destruction  of  this  Union,  and  with 
it  the  most  free  and  happy  government  on  earth.  Every 
thing  that  could  be  done  by  the  President  of  the  United 
States  to  bring  our  Indian  perplexities  to  a  close  has  now 
been  done.  If  the  Indians  continue  to  reject  tlie  pro- 
posal of  the  Federal  Government  until  the  meeting  of 
our  State  Legislature,  it  will  then  be  proper  for  the"  au- 
thorities of  Georgia  to  enter  earnestly  upon  the  work  of 
bringing  to  a  final  issue  these  long-standing  perplexities. 

Rest  assured  that  whatever  part  of  this  duty  mav  de- 
volve upon  the  Executive  will  be  performed  at  all  hazards. 
If  the  people  elect  men  to  represent  them — true,  firm  and 
faithful  to  their  rights  and  interest — all  will  be  provided 
for,  and  end  well.  Quiet,  peace  and  prosperity  will  be 
speedily  given  to  the  Cherokee  part  of  Georgia.  The 
necessary  measures  are  plain  and   simple,  but,  if  I  had 


INDIANS    FROM    GEORGIA.  267 

leisure,  I  should  not  at  this  time  feel  at  liberty  to  enter 
upon  the  details  of  such  measures  as  I  would  recommena. 
Suffice  it  to  say  that,  whatever  the  people  will  upon  the 
subject,  it  is  the  duty  of  the  Legislature  to  perform ; 
otherwise  they  will  not  be  the  representatives  of  the  peo- 
ple. If  judges  and  lawyers  are  permitted  to  thwart  and 
overturn  the  laws,  for  purposes  of  their  own  political  or 
lucrative  aggrandizement,  the  people  are  no  longer  free 
and  sovereign — tlie  jndees  aid  la\yers  are  their  masters. 
I  sincerely  pity  the  Indians ;  they  are  deluded  and  misled 
by  mad  men ;  but  they  must  not  be  indulged  in  their  pre- 
posterous notions  of  overturning  the  laws  of  Georgia,  and 
establishing  an  independent  government.  Their  own  good, 
as  well  as  that  of  the  white  population,  demands  that  we 
press  forward  to  a  final  adjustment.  The  sooner,  the 
better  for  the  Indians,  as  well  as  the  State  and  her  citi- 
zens. The  magistrates  to  whom  you  refer  were  commis- 
sioned yesterday.  Where  there  is  liberty,  there  must  be 
political  strife ;  but,  so  long  as  truth  is  left  free  to  com- 
bat error,  I  trust  the  Republic  is  safe.  I  feel  the  full 
weight  of  the  embarrassments  which  have  been  thrown 
in  our  way,  to  prevent  a  happy  adjustment  of  our  Indian 
affairs ;  but  my  confidence  in  a  successful  issue — and  that 
at  a  day  not  far  distant — has  been  strengthened  at  every 
step  of  my  administration.  Indeed,  I  now  consider  the 
battle  as  having  been  fought  and  won.  What  remains  to 
be  done  is  comparatively  nothing,  when  compared  with 
what  has  already  been  accomplished.  "Be  strong  and 
fear  not !"  We  have  contended  for  the  interest  of  the 
people  and  of  the  State !     We  shall  be  sustained ! 

Very  sincerely,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Dec'r  13th,  1834. 
Dr.  Thomas  Sewall, 

Washington,  D.    C. 

Dear  Sir: — Under  the  provisions  of  a  resolution  of 
the  Legislature  of  this  State.  I  am  authorized  and  re- 
quested to  procure  and  furnish  the  citizens  in  several  of 
our  new  counties  with  vaccine  matter,  to  be  used  gratuit- 
ously for  the  public  benefit.  Permit  me,  therefore,'to  ask 
the  special  favor  of  you  to  send  me  of  the  genuine  ar- 
ticle, properly  put  up  in  suitable  parcels  for  distribution. 


268  REMOVAL  OF  IHE  CHEROKEE 

with  ample  directions  for  using  the  same,  the  quantity 
that  may  be  procured  for  the  enclosed  ten  dollars  ($io). 
Send  it  by  mail,  and  direct  to  me  at  this  place. 

My  apolog}^  for  thus  troubling  you  must  be  found  in 
the  fact  that  my  inattention  to  such  matters  leaves  me 
at  a  loss  to  know  a  more  suitable  agency  to  apply  to  than 
yourself,  and,  from  a  knowledge  of  your  disposition  to  do 
good,  and  serve  your  generation,  I  feel  assured  you  will 
pardon  the  liberty  which  I  have  taken.  Please  to  attend 
to  this  call  speedily,  as  the  small-pox  is  actually  spreading 
in  several  of  our  new  counties,  and  we  are  wholly  desti- 
tute of  the  vaccine  matter  which  is  considered  the  most 
efficient  remedy  to  avert  the  calamity. 

Sincerely  and  truly  yr.  friend, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Dec.   13th.  1834. 
Lewis  Weld,  Esq., 

Augusta,  Ga. 

Sir : — Your  favor  of  the  8th  inst.  is  now  before  me . 
The  information  received  at  this  department,  through  the 
politeness  of  Gov'r  Foote,  of  Connecticut,  and  yourself, 
on  the  subject  of  the  education  of  the  deaf  and  dumb,  and 
for  which  I  thank  you  both,  was  laid  before  the  Legisla- 
ture of  Georgia  at  the  commencement  of  the  present 
session,  and  together  with  information  derived  from  other 
sources,  was  referred  to  the  appropriate  committee,  whose 
views  may  be  seen  by  a  copy  of  their  report  on  the  sub- 
ject herewith  enclosed.  This  report  will  show  that  the 
views  of  the  committee,  on  every  important  point,  coin- 
cide with  your  own.  The  session  of  the  General  Assem- 
bly is  hastening  to  a  close,  and  what  may  be  the  final  ac- 
tion on  the  report  I  consider  uncertain.  T  hope,  however, 
that  it  may  be  sustained  by  appropriate  legislation  before 
the  session  closes.  I  should  be  very  much  pleased  to  see 
you  and  your  pupils  here.  I  have  seen  your  exhibition 
of  them  at  Washington,  and  know  that  such  an  exhibition 
here  could  not  fail  deeply  to  impress  the  public  mind  in 
favor  of  laudable  efforts  to  educate  this  unfortunate  class 
of  our  fellow  beings.  But  I  fear  before  you  can  arrive 
here  it  will  be  too  near  the  close  of  the  session  to  eflfect 
anything  in  regard  to  the  action  of  our  Legislature  on 
the  subject.     Indeed,  everything  here,  from  this  time   to 


INDIANS    FROM    GEORGIA.  269 

the  close  of  the  session,  partakes  too  much  of  that  hurry 
and  impatience  so  unfavorable  to  calm  deliberation  on 
subjects  of  the  greatest  importance.  Should  you,  how- 
ever, think  proper  to  come,  you  may  rely  upon  a  kind  re- 
ception, and  will  be  prepared  to  make  the  proper  allow- 
ance for  any  seeming  inattention  which  may  be  attri- 
buted to  the  peculiar  circumstances  of  the  moment. 

I  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 

Milledgeville,  Dec.  13th,  1834. 
Maj.  B.  F.  Curry, 

Spring  Place,  Ga. 

Sir : — Your  two  very  interesting  letters  of  the  i8th 
and  30th  ult,  have  been  duly  received.  The  information 
they  contain  will  be  useful  to  this  department,  and  to  the 
public.  Your  first  letter  (leaving  out  such  parts  as  were 
deemed  improper  to  be  made  public  at  this  time)  has 
been  communicated  to  the  General  Assembly.  My  ob- 
ject in  making  this  public  use  of  your  letter  was,  if  pos- 
sible, to  induce  the  Legislature  to  act  efficiently  upon  the 
subject  of  our  Indian  relations.  Your  views  coincide  with 
my  own,  which  have  so  repeatedly  been  urged  upon  the 
Legislature,  but,  from  various  causes  which  I  have  not 
time  at  present  to  explain  to  you,  it  is  a  very  difficult 
matter  to  induce  that  body  to  take  a  correct  view  of  this 
subject,  and  legislate  accordingly.  The  lawyer  influence 
of  the  State  is  chiefly  engas-ed  against  the  policy  and  peo- 
ple of  the  State  on  this  subject.  It  is  their  interest  to 
keep  up  and  continue  the  present  litigation  and  strife 
which  exist  in  that  section  of  the  State. 

The  opposition  to  the  Federal  and  State  administra- 
tions throws  every  possible  obstacle  in  the  way  of  an 
amicable  adjustment  of  our  Cherokee  difificulties.  In  a 
few  days  I  shall  be  able  to  communicate  to  you  the  re- 
sult of  our  legislation  on  the  Indian  subject,  when  you 
may  expect  to  hear  from  me  more  fully.  In  the  mean- 
time, you  may  assure  Boudinot,  Ridge,  and  their  friends 
of  State  protection  under  any  circumstances.  I  shall  feel 
it  my  imperative  duty  to  pay  due  regard  to  their  situa- 


270  REMOVAL  OF  IHE)  CHEROKEi; 

tion,  and  afford  them  every  security,  aid  and  protection 
which  our  laws  will  justify  or  authorize. 

In  haste,  I  am,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Dec'r  19th,  1834. 
Joseph  Day,  Esq., 

Chairman,  &c. 

Sir : — After  reflection,  I  consider  it  my  duty  respect- 
fully to  state  to  you  that  I  shall  decline  obeyino^  the  re- 
quirements of  your  subpoena  to  appear  before  the  Com- 
mittee of  the  House  of  Representatives  and  give  testi- 
mony in  the  case  stated  to  be  pending  before  the  Com- 
mittee, or  to  answer  any  interrogatories  which  may  be 
propounded  to  me  as  a  wibiess  in  said  case.  I  cannot 
recognize  the  right  of  the  Legislature,  or  its  Committees, 
to  compel  the  Executive  to  give  testimony  in  any  case 
pending  before  that  body,  when  the  testimony  sought  must 
obviously  have  a  bearing  upon  the  ofificial  acts  of  the  Ex- 
ecutive. All  proper  information,  respectfully  sought  by 
the  Legislature,  or  its  committees,  will,  as  heretofore,  be 
promptly  furnished  by  me,  so  long  as  I  occupy  the  Execu- 
tive chair.  The  insulting  and  accusatory  interrogatories 
which  the  Committee  are  apprised  have  already  been  sub- 
mitted to  me,  bearing  the  signature  of  John  W.  Hooper, 
wholly  forbid  the  idea  of  the  Executive  of  the  State  of 
Georgia  degrading  itself  and  bringing  reproach  and  con- 
tempt upon  the  authorities  of  the  State,  by  entering  into 
a  personal  controversy  with  Judge  Hooper  and  his  coun- 
sel who  have  sought  to  divert  the  public  mind  from  their 
own  conduct,  by  endeavoring  to  substitute  a  controversy 
with  the  Executive.  In  all  my  official  communications 
to  the  General  Assembly,  and  others,  I  feel  that  I  am 
fully  sustained  by  the  documents  heretofore  submitted 
to  the  Legislature.  And,  to  support  my  opinion.  T  beg 
leave  to  refer  to  the  bill  of  injunction,  the  reports  of  Mr. 
Cuthbert,  and  the  opinion  of  Judge  Warner,  which  ac- 
companied my  annual  message. 

Very  respectfully, 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA. 


271 


Executive  Department,  Ga., 
Milledgeville,  Dec'r  23d,   1834. 
Col.  Wm.  N.  Bishop, 

Murray  County,   Ga. 

Sir : — Under  the  provisions  of  an  act  of  the  General 
Assembly,  assented  to  on  the  20th  inst.,  entitled  "An  Act 
to  amend  an  act  more  effectually  to  provide  for  the  gov- 
ernment and  protection  of  the  Cherokee  Indians  residing 
within  the  limits  of  Georgia,"  &c.,  I  have  this  day  ap- 
pointed you  an  agent  to  carry  into  effect  the  provisions 
of  said  act,  and  herewith  furnish  you  with  a  copy  of  the 
law  and  the  order  of  your  appointment.  The  best  guide 
and  instructions  for  all  officers  and  agents  under  our  gov- 
ernment is  the  letter  and  spirit  of  the  laws  which  they  are 
called  to  administer  and  execute.  Therefore,  you  will 
consider  your  various  duties  as  being  best  defined  by  the 
acts  of  the  Legislature  under  which  you  are  called  to  of- 
ficiate. After  filing  your  bond,  and  taking  the  oath  of 
office  pointed  out  in  the  law,  you  will  be  ready  forthwith 
to  enter  upon  the  duties  of  your  appointment.  The  prin- 
cipal duties  required  of  you,  as  agent  aforesaid,  will  be 
to  examine  and  report  to  this  department,  when  so  re- 
quired, in  terms  of  the  law,  all  lots  of  land  subject  to  be 
granted  under  the  act  of  the  20th  of  Dec,  1833,  ^^'^  to 
deliver  possession  to  all  applicants  who  are  the  legal  or 
rightful  owners  of  all  lots  of  land  which  are,  or  may  be, 
granted  under  the  provisions  of  the  said  act  of  1833.  In 
performing  the  latter  duty,  to  wit :  placing  the  legal  owner 
holding  claim  under  a  grant  from  the  State  in  possession 
of  his  premises,  you  may,  as  has  evidently  been  contem- 
plated by  the  Legislature,  meet  with  resistance.  Permit 
me,  therefore,  to  suggest  to  you  the  importance  of  exer- 
cising a  prudent  forecast  in  making  proper  arrangements 
to  meet  any  exigency  which  circumstances  may  cause  you 
to  apprehend.  In  all  cases,  where  the  laws  require  you  to 
demand  a  change  of  possession,  f/ie  latv  must  be  S2is- 
tained.  But  I  would  advise  in  all  cases  that  you,  in  the 
first  instance,  rely  upon  the  moral  force  of  the  law  as 
the  authority  of  the  State,  without  menace,  threat,  or  ir- 
ritating discussion  of  any  kind.  Rely  first  upon  the  law 
and  reason.  If,  unfortunately,  these  fail,  be  prepared  to 
use  the  means  provided  by  the  law.  It  is  true  the  law 
confides  the  power  of  using  force  to  the  Executive,  when, 
according  to  the  report  of  the  agent,  this  force  may  be 
deemed  necessary.    But  you  are  the  agent,  and  upon  your 


272  REMOVAL  OF  THE  CHEROKEE 

reports  I  should  have  to  supply  you  with  force  when 
needed.  And  I  therefore  deem  it  most  expedient,  eco- 
nomical and  proper,  to  authorize  you  at  once  to  exercise 
a  sound  discretion,  and,  when  you  deem  it  necessary,  call 
to  your  aid  such  force  as  may  be  necessary  to  carry  this 
provision  of  the  law  into  immediate  efifect.  Should  any 
case,  however,  occur  which,  in  your  judgment,  shall  re- 
quire a  greater  force  than  you  are  able  to  command,  you 
will  immediately  report  the  case  to  me,  with  all  the  cir- 
cumstances attending  the  same.  I  have  not  yet  come  to 
a  definite  conclusion  whether  I  shall  appoint  one  or  more 
agents  to  assist  you  in  the  service  or  not,  but  shall  finally 
determine  as  I  may  think  the  interest  of  the  country  de- 
mands. In  the  meantime,  you  will,  for  the  present,  and 
until  otherwise  instructed,  consider  your  agency  as  being 
extended  to  the  entire  duties  contemplated  by  the  Legis- 
lature. The  Legislature  having  provided  a  per  diem  al- 
lowance for  your  compensation,  will  make  it  necessary 
for  you  to  keep  an  account  of  the  days  you  may  devote 
to  this  particular  service.  In  the  execution  of  the  delicate 
and  important  trust  herein  confided  to  you,  permit  me 
respectfully  to  suggest  to  you  the  importance  of  keeping 
me  constantly  advised  of  every  important  matter  which 
may  transpire  in  any  way  connected  with  your  present 
agency.  Should  any  difificulty  arise,  calculated  to  obstruct 
the  due  and  faithful  execution  of  the  law,  report  the  same 
to  me,  and  you  shall  promptly  have  the  aid  of  the  best 
advice  which  I  may  be  able  to  afford.  These  suggestions 
and  instructions  having  been  written,  as  you  are  anprised, 
in  much  haste,  I  have  probably  omitted  something  that 
you  may  deem  important.  If  so,  I  shall  take  great  pleas- 
ure, at  all  times,  in  communicating  to  you  my  views,  with- 
out reserve,  upon  all  subjects  connected  with  your  ofBcial 
duty. 

I  am,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Dec'r  23d,  1834. 
(Private   and   confidential.) 
Col.  Wm.  N.  Bishop. 

Dear  Sir : — Connected  with  the  duties  of  the  agency 
to  which  you  have  been  invited  by  me,  I  consider  it  my 
dutv  to  advert  to  the  past  course  of  conduct  of  the  Judge 
of  the  Cherokee  Circuit,  in  relation  to  our  Tndinn  nopu- 


INDIANS    FROM    GEORGIA.  273 

lation,  and  the  laws  enacted  for  their  government.  Highly 
repreliensible  as  I  have  considered  the  conduct  of  Judge 
Hooper,  I  have  always  placed  the  most  favorable  con- 
struction on  his  actings  and  doings.  I  have  not  charged 
him  with  corruption,  but  with  imbecility  and  assumption ; 
and  I  believe  he  has  been  led  into  his  hightoned  assump- 
tions by  the  ingenuity  of  selfish  and  bad  men  of  capacities 
very  far  superior  to  his  own.  The  embarrassments  thrown 
in  the  way  of  the  policy  and  interest  of  the  State,  and  the 
peace  and  prosperity  of  its  citizens,  by  the  conduct  of  the 
Judge,  and  those  who  are  believed  to  govern  him,  is  of 
the  most  serious  nature.  It  may  be  denied,  but  this  Jttd^e 
and  his  counsel  have  evidently  commenced  a  system  which, 
if  submitted  to.  will  very  soon  destroy  the  efficiency  of 
the  Legislative  and  Executive  departments  of  the  Govern- 
ment. 

Under  the  circumstances,  permit  me  to  say  to  you, 
and  let  it  be  distinctly  impressed  upon  your  mind,  that 
Judge  Hooper  will  not  be  permitted,  in  any  case  what- 
ever, to  judge  and  determine  for  me  what  laws  are  con- 
stitutional, or  otherwise.  As  the  Executive  of  Georgia, 
in  the  performance  of  my  official  duties,  I  shall  judge  of 
the  laws  and  constitution  for  myself.  No  writ  of  injunc- 
tion, or  prohibition,  will  stay  the  Executive  from  a  faith- 
ful execution  of  the  laws  of  the  State,  where  that  execu- 
tion has  been  specificallv  confided  to  the  Executive  by 
the  Legislature  and  the  Constitution  of  the  State. 

From  Hooper  and  his  counsel  I  expect  further  at- 
tempts to  thwart  the  policy  of  the  State.  All  vague  and 
ambiguous  legislation  upon  the  Indian  subject  will  be 
seized  upon  to  embarrass  and  hinder  the  policy  of  the 
State;  and  that  much  of  our  legislation  is  vague  must  be 
admitted ;  but  that  it  is  intended  by  our  legislation  and 
willed  by  our  people  that  the  rightful  owners  of  all  lands 
authorized  to  be  granted  in  what  is  called  the  Cherokee 
Country  shall  go  into  the  immediate  possession  of  their 
premises  no  one  dare  controvert.  And  the  effecting  of 
this  object  is  confided  to  the  Executive.  Nor  will  I  be 
hindered  from  discharging  this  duty  by  the  pettifogging 
artifice  of  lawyers,  or  the  embecility  of  judges  who  may 
condescend  to  be  made  the  mere  tools  of  a  class  of  sel- 
fish men.  If  the  good  people  of  Georgia  support  me.  the 
laws  shall  be  executed. 

In  haste,  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


274  REMOVAL  OF  THE  CHEROKEE 


Correspondence  and  documents  in  relation  to  the  alarm 
of  the  citizens  of  Cherokee  County,  and  exhibiting  the 
character  of  the  various  excitements  in  the  Cherokee  part 
of  Georgia,  as  also  the  measures  adopted  by  the  Execu- 
tive in  relation  thereto. 

Headquarters  ist  Brigade,  12th  Division,  G.  M., 

May  13th,  1834. 
To  His  Excellency  Wilson  Lumpkin. 

Dear  Sir : — You  will  receive,  by  the  hand  of  Mr.  Bry- 
ant, the  proceedings  of  a  meeting  of  the  citizens  of  Cher- 
okee County,  on  the  subject  of  our  Indian ''elations.  They 
are  such  as  require  immediate  attention.  It  is  obvious 
to  every  person  in  this  section  of  the  country  that  is  at 
all  acquainted  with  the  Indians,  that  they  are  more  des- 
perate and  hostile  of  late  than  is  usual  among  them.  From 
the  situation  of  our  settlements  and  sparsely  populated 
country,  I  deem  it  necessary  that  some  measures  should 
be  resorted  to  by  your  Excellency  to  quell  the  invasion 
that  is  daily  expected.  The  plan  I  think  most  advisable 
is  to  forward  a  sufficient  quantity  of  arms  and  ammuni- 
tion to  the  Court  House,  with  a  small  guard  sufficient  to 
keep  the  arms,  &c.,  so  that  the  citizens  could  any  time 
be  supplied  with  arms  and  ammunition  to  meet  any  exig- 
ency that  may  present  itself.  I  think  their  mode  of  at- 
tack will  be  on  persons  traveling,  or  on  small  settlements, 
so  that  it  will  be  difficult  to  detect  them.  Should  you 
think  the  necessity  calls  for  the  aid  requested,  you  can- 
not have  it  attended  to  any  too  soon,  as  our  citizens  are 
in  daily  expectation  of  being  massacred. 

I  am,  with  due  respect, 

Yr.  obt.  servt., 

ELI  M'CONNELL, 
Br.  Gen.  ist  B.,  12th  D.,  G.  M. 

P.  S. — Mr.  Moses  Bryant  has  been  employed  as  an 
express  to  inform  you  of  the  outrages.  &:c. 

ELI  M'CONNELL. 

The  Committee  appointed  make  the  following  report : 

Whereas,  the  relations  now  existing  between  the  white 

and  Indian  settlers  of  this  country  is  daily  growing  more 

and  more  important,  both  to  the  white  inhabitants  and  to 


INDIANS    FROM    GEORGIA. 


275 


the  traveler,  in  that  we  hear  of  repeated  murders,  vio- 
lences, robberies,  and  thefts  having  been  committed  by  the 
Indians,  and  our  own  County  is  not  exempted  from  those 
outrages.  No  longer  ago  than  last  evening  one  of  our 
citizens,  Dr.  James  Burnes,  was  met  in  the  public  road, 
about  three  miles  from  Etowah,  about  the  setting  of  the 
sun,  by  two  Indians  unknown  to  Dr.  B.,  the  one  havmg 
a  rifle  gun,  the  other  probably  unarmed,  at  least  with  fire- 
arms. So  soon  as  Dr.  B.  had  passed  some  fifty  or  sixty 
steps  from  the  Indians  (still  keeping  his  eye  upon  them 
from  suspicion  excited  from  the  manner  and  behavior  of 
the  Indians),  the  moment  Dr.  B.  had  taken  his  eye  ofif 
them,  they  fired  on  him,  and  shot  a  rifle  ball  through  the 
left  side  of  his  hat,  the  ball  passing  first  above  the  ear, 
burying  about  half  the  breadth  of  the  bullet  in  the  skin. 
We  are  glad  to  say  Dr.  B.  is  not  dangerously  wounded, 
though  the  eighth  of  an  inch  deeper  would  have  undoubt- 
edly destroyed  his  life.  It  is  also  true  that  there  is  a 
growing  disposition  of  hostility  in  the  Indians  generally, 
which  disposition  must  be  arrested,  in  order  to  ensure  the 
safety  of  the  white  settlers  of  this  country. 

Threats  of  the  lives  of  our  white  citizens  are  daily  and 
publicly  made  by  the  Indians.  It  therefore  becomes  the 
duty,  as  well  as  the  interest  of  the  white  settlers  of  this 
country  to  adopt  some  strong  and  energetic  measures 
upon  this  all  important  subject. 

1.  Resolved,  therefore,  That,  owing  to  the  sparse 
population  of  this  county,  the  locality  of  the  country,  and 
the  facilities  of  concealment  of  Indian  outlaws,  we  are 
satisfied  of  the  utter  impracticability  of  enforcing  the 
laws  of  the  State  in  an  efficient  manner,  unless  aided  by 
military  force  from  the  State  or  General  Government, 
that  his  Excellency,  the  Governor,  be  requested  promptly 
to  cause  such  force  to  be  stationed  at  suitable  points  as 
will  protect  our  citizens  and  aid  the  civil  authorities  in 
executing  the  laws  of  the  State. 

2.  Resolved,  That  the  citizens  of  Cherokee  County 
are  in  constant  danger  of  assassination,  and  other  law- 
less violence,  and  in  this  situation  it  cannot  be  expected 
that  the  ordinary  operations  of  agriculture  and  increase 
of  population  can  progress,  and  that,  consequently,  with- 
out the  aid  required  in  the  foregoing  resolution,  the  policy 
of  the  State  and  the  General  Government  must  be  de- 
feated by  a  disgraceful  but  necessary  retreat  of  the  popu- 
lation now  here  to  a  peaceful  asylum  for  their  families. 


276  REMOVAL  OF  THE  CHEROKEE 

and  a  surrender  of  the  country  to  the  original  savage  oc- 
cupants. 

3.  Resolved,  That  we  pledge  ourselves  mutually,  that 
for  every  citizen  of  the  County  of  Cherokee  assassinated 
by  a  Cherokee  Indian,  and  wh^re  the  offender  is  not  given 
up  to  the  civil  authorities  within  two  weeks  (or  satisfac- 
tory evidence  of  their  inability  of  arresting  the  offender) 
from  the  date  of  the  offense,  we  will  select  three  male  In- 
dians out  of  the  Countv  of  Cherokee,  and  put  them  to  death 
as  an  atonement  for  the  murder  of  such  citizen. 

4.  Resolved,  That  we  deprecate  the  necessity  of  the 
desperate  course  pointed  out  in  the  above  resolution,  but, 
unless  timely  aid  be  afforded  us,  we  must  strictly  pursue 
it,  or  disgracefully  abandon  the  country. 

5.  Resolved,  That  the  proceedings  of  this  meeting 
be  forwarded  by  dispatch  to  his  Excellency  the  Governor, 
with  a  request  that  he  cause  it  to  be  published  in  each  of 
the  public  journals   in   Milledgeville. 

6.  Resolved.  That  a  committee  be  appointed  by  the 
chair  to  draft  and  forward  circulars  to  the  several  counties 
in  the  Cherokee  territory,  requesting  their  co-operation 
in  the  design  of  the  foregoing  resolution. 

7.  Resolved,  That  the  editor  of  the  Cherokee  Phoenix 
be  furnished  with  a  copy  of  the  third  and  fourth  resolu- 
tions, with  a  request  that  it  be  published  in  the  Cherokee 
language  in  the  said  paper. 

8.  Resolved.  That  we  recommend  to  the  merchants  of 
this  County  not  to  retail  spirituous  liquors,  or  suffer  them 
to  be  drunk  on  their  premises  by  Cherokee  Indians  ;  and 
that  thev  be  also  requested  to  refuse  to  sell  any  arms  or 
ammunition   to  such   Indians. 

9.  Resolved,  That  we  pledge  ourselves  to  prosecute 
all  and  every  person  or  persons  who  may  be  found  illegally 
retailing  spirits  to  Indians,  suffering  violations  of  the 
Sabb-^th  d'^y,  and  oth-^r  disorderly  conduct  suffered  on 
their  premises  bv  the  Indians,  and  that  we  will  promptly 
prosecute  all  offences  relating  to  the  compromise  of 
felonies  and   other  offenses   committed  bv  the  Indians. 

HOWELL  COBB, 

Chairman. 
D.   R.   Mitchell.  Secretary. 


INDIANS    FROM    GEORGIA.  277 

Etowah,  May  12,  1834. 
To  His  Excellency  Wilson  Lumpkin. 

Sir : — Since  the  convention  of  a  meeting  of  the  citi- 
zens of  this  town  and  neighborhood,  an  additional  por- 
tion of  intelligence  has  come  to  us,  circumstances  which 
we  believe  to  be  true.  An  Indian  girl  has  been  brought 
before  us,  who  gives  the  following  facts,  with  tears  in  her 
eyes  and  every  emotion  of  excitement.  There  has  been, 
and  now  is,  a  concerted  plan  amongst  the  Indians  for  the 
purpose  of  a  massacre  of  the  white  inhabitants  of  this 
country.  She  says  she  received  the  information  from  her 
grandfather,  who  is  a  chief,  under  an  injunction  that,  if 
she  revealed  the  plan,  he  himself  would  put  her  to  the 
most  cruel  death  she  could  die.  She  says  about  three 
weeks  since  her  grandfather  went  to  John  Ross's  house, 
and  returned  with  a  circular  written  in  the  Indian  lan- 
guage, in  which  it  was  planned  about  the  coming  up  of 
corn,  and  at  the  time  the  leaves  were  fully  grown,  the 
Cherokees  were  to  be  organized  in  squads  of  twenty  and 
thirty,  who  were  to  attack  the  thickest  settlements  and 
towns  at  one  general  signal.  The  Cherokee  girl  is  a  girl 
of  very  general  intelligence,  reads  and  writes  both  in  Eng- 
lish and  Cherokee  language,  and  has  been  raised  in  a 
white  family.  The  Indian  girl  says  that  when  she  heard 
of  the  attempt  upon  the  life  of  Dr.  Burnes,  she  believed 
it  to  be  the  signal  of  attack.  We  have  taken  the  girl  with 
us,  and  shall,  as  soon  as  possible,  carry  her  and  our  wives 
and  children  into  some  of  the  old  counties,  and  return 
and  defend  the  country  to  the  last.  We  are,  as  it  were, 
in  the  beginning  of  war.  Aid  from  the  State  must  be  had 
instantly.  In  addition  to  our  perilous  condition  we  are 
without  arms  or  ammunition — we  must  have  arms  as  well 
instantly.  In  addition  to  our  perilous  condition,  we  are 
in  such  a  state  of  excitement  from  the  situation  that  we 
have  not  time  to  give  further  particulars.  We  are  a  com- 
mittee appointed  to  report  the  facts.  The  Indians  have 
been  for  some  time  past  purchasing  unusual  quantities  of 
powder  and  lead,  and  have  been  seen  for  some  time  past 
rapidly  passing  and  repassing  with  guns. 

Yours,  &c., 
D.    R.    MITCHELL, 
JOHN  BREWSTER, 
R.   M.   HOLT. 

Committee. 


278  REMOVAL  OF  'IHE)  CHEROKEE 

Executive  Department,  Ga., 
Milledgeville,  15  May,   1834. 
Brigadier  General  Eli  M'Connell. 

Sir: — I  have  just  read  your  communication  of  the  13th 
inst.  (by  express),  accompanied  by  two  other  communi- 
cations— one  signed  by  Howell  Cobb  and  D.  R.  Mitchell, 
Esqrs.,  as  Chairman  and  Secretary  of  a  meeting  held  by 
the  citizens  of  Cherokee  County,  and  the  other  signed 
by  D.  R.  Mitchell,  Jno.  Brewster' and  R.  M.  Holt,  Esqrs., 
all  of  which  communications  tend  to  confirm  the  belief 
that  a  very  great  and'  extraordinary  excitement  has  been 
produced  in  the  County  of  Cherokee,  on  account  of  the 
recent  conduct  of  certain  Cherokee  Indians,  in  having 
shot  a  gun  at,  and  wounded,  one  of  your  citizens ;  and, 
from  the  communications  of  a  certain  Indian  girl,  that 
hostilities  were  planned  and  intended  by  the  Cherokees 
against  the  whites,  and  the  general  allegation  of  other 
insolent  and  outrageous  acts  of  the  Cherokees,  without, 
however,  specifying  particular  acts.  Now,  sir,  before  I 
proceed  to  a  more  detailed  reply,  permit  me  to  assure 
you,  and,  through  you,  the  community  embraced  in  vour 
Brigade,  that,  so  far  as  may  depend  upon  the  Executive, 
the  most  energetic  lawful  means  will  be  used  to  defend 
the  persons  and  property  of  our  citizens.  And  you  will 
consider  this  as  your  direct  order  and  authority  from  the 
Commander  in  Chief  to  aid  the  civil  authority  to  the  full 
extent  of  your  ofificial  command,  in  a  legal  and  faithful 
execution  of  the  laws  of  the  State,  should  such  military 
aid  be  required  to  carry  into  effect  the  judicial  authorities 
of  the  State.  Moreover,  should  the  sparseness  of  the  pop- 
ulation and  the  want  of  arms  in  your  Brigade  be  deemed 
inefficient  to  meet  any  real  or  apprehended  emergencv, 
you  will  then,  in  that  case,  feel  yourself  authorized  and  di- 
rected to  call  upon  Maj.  General  Bates  for  such  aid  and 
assistance  as  may  be  deemed  necessary,  who  will,  in  the 
meantime,  be  instructed  to  hold  in  readiness  such  portion 
of  the  volunteers  as  may  be  attached  to  his  Division,  for 
the  purpose  of  meeting  such  emergencies  as  you  and 
other  citizens  apprehend.  The  present  state  of  disquietude 
which  pervades  the  minds  of  many  of  the  Cherokees  who 
still  remain  in  Georgia  is  by  no  means  a  matter  of  sur- 
prise;  under  existing  circumstances  nothing  else  could 
reasonably  be  expected.  These  people  have  resisted  emi- 
gration to  the  last  moment,  and  some  of  them,  under  ex- 
asperated feelings  of  despair,  may  resort  to  acts  of  des- 


INDIANS    FROM    GEORGIA.  279 

peration.  But  that  anything  like  a  plan  of  general  hos- 
tility has  been  aranged  and  agreed  upon  by  the  remnant 
of  Cherokees,  I  am  very  far  from  crediting.  I  know  that 
ten  days  ago  the  two  delegations  at  Washington  were 
seriously  engaged  upon  the  subject  of  negotiating  a  final 
treaty  with  the  Federal  Government.  And  I  know  that 
intelligent  men  among  the  Cherokees  rely  upon  negotia- 
tion, and  have  too  much  light  to  countenance  the  idea  of 
hostilities.  I  attribute  all  the  desperate  acts  which  have 
been  or  may  be  committed  by  the  Cherokees  to  the  wicked 
and  selfish  influence  of  certain  citizens  of  Georgia  who 
are,  and  have  long  been,  engaged  in  the  diabolical  work 
of  endeavoring  to  produce  a  state  of  anarchy  and  civil 
war  in  the  Cherokee  section  of  our  State.  We  all  know 
that  the  Cherokees  have  in  pay  a  feed  combination  of  men 
who  are  using  every  effort  to  overturn  the  laws  and  Con- 
stitution of  the  State.  It  is  those  men  who  are  producing 
the  evils  complained  of,  and  upon  them,  and  not  the  poor 
unlettered  Cherokees,  be  the  vengeance  of  Heaven ! 

The  causes  pointed  out  by  you  and  others  will  not  jus- 
tify a  resort  to  military  force,  until  a  fair  and  full  trial 
is  made  to  enforce  the  civil  authority.  From  what  is  be- 
fore me  I  can  certainly  see  nothing  to  justify  the  belief 
that  the  laws  of  the  country  cannot  be  executed  in  the 
punishment  of  the  offenders  complained  of.  Should,  how- 
ever, the  population  of  the  new  counties  be  found  insuf- 
ficient to  enforce  our  laws  and  maintain  civil  government, 
and  should  the  conduct  of  the  natives,  aided  by  the  dis- 
turbers of  the  peace  and  quiet  of  the  country,  render  it 
necessary  and  proper,  be  assured  the  people  shall  be  pro- 
tected in  their  homes,  and  the  guiltv  shall  not  escape  the 
power  of  the  Government.  You  will  please  to  communi- 
cate the  contents  of  this  letter  to  the  other  gentlemen 
who  have  addressed  me  on  the  subject  of  your  present 
alarms. 

A^ery  respectfully,  yr.  obt.   servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  May  15,  1834. 
Major  Gen'l  John  Bates, 

Gainesville,  Ga. 

Sir : — I  have  received  this  day,  by  express,  several 
communications   from   the    citizens   of   Cherokee    County, 


28o  REMOVAL  OF  THE  CHEROKEE 

which  exhibit  the  most  unexpected  and  extraordinary 
state  of  alarm  and  apprehension. 

Before  this  reaches  you  I  have  no  doubt  you  will  have 
heard  of  all  the  causes  of  alarm  which  have  reached  me. 
I  therefore  omit  to  detail  them  to  you.  There  has  noth- 
ing yet  come  to  my  knowledge  which  would  justify  mili- 
tary operations. 

I  have  directed  Brigadier  General  M'Connell  to  aid  the 
civil  authority  in  executing  the  laws  of  the  State.  And 
further,  I  have  informed  him  that  you  would  be  instructed 
by  me  (should  circumstances  render  it  necessary)  to  fur- 
nish the  whole  or  any  part  of  the  volunteers  attached  to 
your  Division,  for  the  purpose  of  suppressing  any  hostile 
movements  which  may  occur  among  the  remnant  of  the 
Cherokees  still  remaining  in  our  new  counties.  In  their 
present  state  of  alarm  they  complain  of  their  want  of 
population  and  arms.  Your  Division  has  the  population, 
and,  if  arms  should  be  wanted,  the  Arsenal  at  this  place 
will  afiford  a  sufficiency  for  the  contemplated  emergency. 
I  cannot,  however,  apprehend  the  results  which  the  citi- 
zens of  Cherokee  seem  to  anticipate  in  their  present  ex- 
cited state  of  feeling.  Should  these  unfortunate  and  de- 
luded people  be  urged  on  to  acts  of  desperation,  it  may 
be  traced  to  the  selfish  and  wicked  counsel  of  a  combina- 
tion of  our  own  citizens  who  are  the  feed  enemies  of  the 
rights  and  interest  of  the  State. 

In  great  haste,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  May  i6,  1834. 
Brigadier  General  Eli  M'Connell, 

Cherokee  Court  House. 

Sir : — Since  writing  to  you  yesterday,  by  express,  on 
the  subject  of  our  Indian  relations  in  your  section,  further 
and  more  mature  reflection  fully  confirms  the  hasty  sug- 
gestions contained  in  my  letter  referred  to.  And  I  now 
consider  it  my  duty  to  give  you  my  views  more  fully  on 
the  subjects  presented  in  the  communications  received 
from  yourself  and  countrymen,  and  must  beg  leave  to 
make  you  the  organ  of  my  opinions  to  our  fellow  citi- 
zens who  have  addressed  me  on  these  subjects. 

I  must  be  permitted  to  express  my  surprise  at  being 
informed  by  a  committee  of  citizens  of  Cherokee  County 


INDIANS    FROM    GEORGIA.  281 

that  they  entertained  the  opinion  that  nothing  short  of 
military  force  could  enforce  the  laws  of  the  State  in  that 
County,  and  further,  that  without  the  aid  of  military 
protection,  a  necessary  but  disgraceful  retreat  and  aban- 
donment of  the  country  might  be  expected,  and  a  formal 
surrender  made  to  the  aboriginal  sava*je  occupants ; 
and,  further,  a  formal  resolve  (notwithstanding  the 
apprehension  of  weakness)  promptly  to  execute  a  savage 
retribution,  by  taking  three  lives  for  one  in  every  instance 
of  murder ;  and,  further,  the  Governor  is  requested  to 
be  the  organ  of  promulgating  these  resolutions  and  opin- 
ions to  the  world ;  and  the  citizens  of  the  other  new  coun- 
ties are  to  be  called  upon  to  co-operate  in  these  measures. 
Now,  sir,  permit  me  to  ask,  where  is  the  evidence  that 
our  laws  cannot  be  executed  ?  When,  or  where,  have  they 
been  resisted  so  as  to  require  military  force  to  aid  the 
judiciary?  The  Legislature,  the  immediate  representa- 
tives of  the  people,  eighteen  months  ago  determined  that 
the  laws  of  the  country  could  be  executed,  without  a  guard 
or  military  force,  and  although  I  was  of  a  different  opin- 
ion at  the  time,  now  that  the  white  population  has  in- 
creased (I  presume  four-fold)  and  the  Indian  population 
has  greatly  decreased,  and  we  have  ten  organized  coun- 
ties in  place  of  one,  all  officered  and  prepared  to  adminis- 
ter the  government ;  can  it,  I  say,  under  such  circum- 
stances, be  necessary  and  expedient  (if  legal  and  consti- 
tutional) to  supersede  the  civil  government  of  this  coun- 
try by  a  military  (and  consequently  arbitrary)  govern- 
ment ?  It  is  evident  and  clear  that  the  scattered  remnant 
of  the  Cherokees  now  remaining  in  Georgia  are  too  far 
reduced  to  be  considered  in  the  light  of  a  formidable  foe. 
And  while  it  may  be  admitted  that  even  the  lives  of  inno- 
cent individuals  may  be  more  endangered  in  the  Cherokee 
part  of  Georgia  than  in  other  sections  of  the  State,  never- 
theless, justice  requires  the  assertion  of  the  fact  that  no 
portion  of  the  State,  for  two  years  past,  has  been  more 
free  and  exempt  from  assassination  and  murder  than  that 
which  is  inhabited  by  this  unfortunate  people.  When  we 
look  for  the  true  cause  of  increasing  excitement  amongst 
these  people,  will  it  not  be  found  arising  out  of  the  im- 
proper conduct  of  a  portion  of  our  own  white  population? 
Do  not  our  people  supplv  the  facilities  of  their  obtaining 
the  intoxicating  drink  v^'-'ch  is  often  the  immediate  cause 
of  acts  of  horror  and  desperation  ?  Since  the  organiza- 
tion of  our  courts  in  the  new  country,  have  not  many  of 
our   citizens,   distinguished    for   their   legal    acquirements, 


282  REMOVAL  OF  IHE  CHEROKEE 

used  every  exertion,  publicly  and  privately,  to  impress 
the  minds  of  these  people  with  the  belief  that  they  are 
greatly  oppressed,  and  arbitrarily  deprived  of  their  rights 
by  the  Government  of  Georgia?  Have  not  men  traversed 
the  country,  from  county  to  county,  and  court  to  court, 
for  the  express  purpose  of  engendering  and  stirring  up 
strife  between  the  red  and  white  men?  Are  not  these  men 
fed  and  paid  to  produce,  increase  and  perpetuate  litiga- 
tion, strife  and  heart  burnings?  The  wise  man  says, 
"Surely  oppression  maketh  a  wise  man  mad." 

Need  we,  then,  be  surprised  that  these  men  of  the  for- 
est, when  goaded  on  by  our  own  courts  and  lawyers, 
should  be  induced  to  feel  a  spirit  of  revenge  for  their  sup- 
posed oppression  ?  I  have  reason  to  believe  that  the  day 
is  not  distant  when  we  shall  be  entirely  relieved  from  this 
troublesome  portion   of  our  population   (the   Cherokees.) 

But,  until  we  are  thus  relieved,  our  la^vs  should  be  en- 
acted and  executed  with  a  view  of  striking  at  the  root,  and 
not  the  branches,  of  the  evil.  The  moral  criminals  are 
the  white  men  who  stimulate  and  excite  these  unlettered 
sons  of  the  forest  against  their  white  neighbors.  All  this 
is  done  ''for  the  sake  of  filthy  lucre ;'^  and  yet  the  vile  in- 
struments of  these  enormities  receive  the  countenance  and 
courtesies  due  to  honorable  men  alone. 

My  confidence  in  your  patriotism  and  good  judgment 
produces  much  delicacy  of  feeling  in  dissenting  from  any 
opinion  which  you  express.  But,  under  all  the  circum- 
stances, I  cannot  deem  it  necessary  at  present  to  place 
a  guard  at  Cherokee  Court  House.  If  a  guard  were 
placed  there,  the  immediate  consequence  would  be  that 
every  neighborhood  in  the  ten  new  counties  thought  to 
be  exposed  would  call  for  and  demand  similar  protection. 
The  timid,  the  women  and  children,  throughout  the  coun- 
try, would  catch  the  excitement,  feel  the  panic  and  spread 
the  alarm.  We  would  open  the  door  for  unparalleled 
confusion  and  alarm.  Those  whose  business  it  is  to  excite 
and  agitate  the  country  would  find  an  ample  field  for 
their  destructive  heresies. 

The  prompt  and  efificient  course  which  suggests  itself 
to  my  mind  is  the  immediate  organization  of  volunteer 
companies  throughout  the  new  counties,  when  the  popu- 
lation can  afiford  such  corps.  The  most  enlightened,  pa- 
triotic and  energetic  citizens  of  every  county  should  im- 
mediately aid  in  the  organization  suggested.  Although 
our  supply  of  arms  is  limited,  we  have  a  sufificient  number 
of   excellent   muskets    and    ammunition   at   this   place   to 


INDIANS    FROM    GEORGIA.  283 

meet  the  present  emergency ;  and,  under  the  circum- 
stances, I  should  feel  myself  authorized  to  grant  the  sup- 
ply. 

I  would  suggest  the  propriety  of  your  communicating 
these  my  views  in  regard  to  volunteer  companies  to 
Major  General  Terrell,  and  other  officers  and  individuals 
of  infltierice,  with  all  practicable  dispatch.  In  the  mean- 
time, I  shall  encourage  the  organization  of  such  companies 
in  the  new  counties,  through  various  other  channels.  Un- 
der existing  circumstances,  every  good  citizen  of  that 
country  should  consider  himself  a  volunteer  and  sentinel. 
In  conclusion,  I  have  no  idea  at  this  time  of  guarding  by 
military  force  the  ten  new  counties  of  Georgia.  The  pol- 
icy would  be  both  degrading  and  ruinous  to  the  State. 
If  the  laws  of  the  country  are  resisted,  or  an  insurrec- 
tionary spirit  should  break  out  into  acts  of  violence,  we 
must  make  short  work  of  it.  The  enemy  must  be  pun- 
ished, or  driven  from  the  country.  The  people  need  not 
fear.  When  a  proper  occasion  arises  for  military  move- 
ments, prompt  and  energetic  measures  will  be  put  in  op- 
eration. I  think,  however,  by  a  due  exercise  of  prudence 
on  the  part  of  the  good  and  wise,  the  serious  evils  appre- 
hended may  be  avoided,  and  our  long-standing  perplexi- 
ties be  brought  to  a  happy  issue. 

With  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  May  i6,  1834. 

Sir : — I  have  received  information  of  a  most  extraor- 
dinary excitement  which  has  recently  taken  place  in  Cher- 
okee County,  growing  out  of  the  fact  of  an  Indian  having 
shot  at  and  wounded  one  of  our  citizens,  and  certain  in- 
formation, communicated  by  an  Indian  girl  to  certain 
citizens  of  Cherokee  County,  of  contemplated  hostile 
movements  (as  she  states)  of  the  Indians  against  our  white 
citizens.  Having  reason  to  suppose  that  before  this 
reaches  you  you  will  have  heard  the  details  of  the  excite- 
ment alluded  to,  I  deem  it  unnecessary  to  extend  this 
communication  by  giving  you  the  reports  which  have 
reached  this  department.  It  is  necessary,  however,  to  the 
object  which  I  have  in  view  to  state  to  you  that  some  of 
the   citizens   of  Cherokee   Countv  have   commimicated  to 


2S4  REMOVAL  OF  THE  CHEROKEE 

me  their  belief  that  they  are  in  danger  of  being  massa- 
cred by  the  Indians,  unless  military  protection  is  imme- 
diately afforded  them.  They  say,  without  such  aid  the 
country  must  be  disgracefully  abandoned,  and  surrend- 
ered to  its  original  savage  occupants,  &c.,  &c.  The  evi- 
dence before  me  by  no  means  justifies  any  such  appre- 
hensions. And  I  trust  and  believe  that  their  fears  will 
never  be  realized.  At  any  rate,  I  never  can  consent  to 
the  expediency  and  policy,  under  the  existing  state  of 
things,  of  organizing  a  military  government  or  standing 
army  to  supersede  or  protect  the  civil  authority  of  the 
new  counties.  Should  a  state  of  things  unfortunately  arise 
which  may  require  military  operations,  why,  then  we  must 
make  short  and  prompt  work  of  it.  The  enemies  of  the 
State  who  attempt  insurrection  must  be  punished  or  driven 
from  the  State.  It  will  never  do  to  sustain  an  army  for 
the  purpose  of  guarding  an  enemy  pampered  and  nour- 
ished in  our  own  bosom. 

As  the  best  means  of  defence  and  security,  I  have  sug- 
gested to  General  M'Connell,  and  others,  the  importance 
of  an  immediate  organization  of  volunteer  companies 
throughout  the  new  counties,  where  the  population  will 
afiford  it.  And  the  corps  thus  organized  should  be  sup- 
plied with  good  arms  and  ammunition  from  the  Arsenal 
at  this  place.  And,  moreover,  should  any  emergency 
render  it  necessary,  General  Bates  has  been  instructed 
to  furnish  a  sufficient  force  from  his  Division  to  quell  any 
insurrection  or  disorder  which  may  possibly  arise.  This 
state  of  things  requires  prudence  and  forecast  on  the  part 
of  every  patriotic  and  intelligent  citizen  of  the  State,  and 
especially  of  those  who  reside  in  the  new  counties.  We 
should  closely  watch  the  movements  of  the  enemies  of  the 
State  who  have  long  been  engaged  in  the  unholy  work 
of  exciting  the  prejudices  of  the  natives  against  the  au- 
thorities of  the  State.  These  individuals,  and  not  the  In- 
dians, are  the  root  of  all  the  evils  complained  of.  My 
principal  object  is  to  request  your  aid  and  influence  in 
the  organization  of  volunteer  companies,  and  to  teach  the 
people  to  rely  upon  a  faithful  execution  and  enforcement 
of  the  laws  of  the  State,  and  inducing  our  citizens  to  rely 
upon  the  civil  measures,  as  long  as  practicable,  assuring 
them  that,  if  necessary,  the  militia  will  be  called  to  the 
aid  of  the  civil  authorities.     Upon   the  reception  of  this 


INDIANS    FROM    GEORGIA.  285 

you  will  please  to  let  me  hear  from  you  without  delay, 
in  regard  to  the  state  of  things  in  your  section. 

,  I  am,  respectfully,  &c., 

WILSON  LUMPKIN. 

Col.   S.    D.    Crane,  Col.  Wm.  N.    Bishop,    Gen'l    Jas. 

Hemphill,  Col.  Hargrove. 

Cherokee  County,  May  17,  1834. 

Dear  Sir : — From  the  general  excitement,  caused  by 
the  frequent  depredations  committed  on  our  good  citizens 
of  this  County,  I  have  ordered  out  a  guard  of  twelve  or 
fifteen  men,  under  the  command  of  Captain  Robert  John- 
son, for  their  protection,  not  having  arms  to  defend  them- 
selves. 

He  is  ordered  to  take  peaceably  from  the  Indians  their 
guns,  totvn  by  toum,  from  all  the  hostiles  (sixes)  of  this 
County;  or  from  such  other  hostile  town  of  the  Indians 
as  may  be  known  and  proven  to  be  unfriendly  to  the 
whites.  This  was  the  most  efficient  plan  that  suggested 
itself  to  my  view.  The  arms  will  be  taken  good  care  of,, 
and  returned  to  the  Indians  when  ordered  by  your  Ex- 
cellency, and  we  trust  not  before  a  regular  guard  of  at 
least  thirty  men,  either  of  the  United  States  or  State 
troops,  are  known  to  the  Indians  to  be  stationed  with  us. 
This  step  will  promote  emigration.  The  lives  and  prop- 
erty of  the  citizens  demand  a  guard. 

With  much  respect, 

Yr.  obt.  servt., 

HENRY  M.  TERRELL- 

Executive  Department,  Ga., 

Milledgeville,  May  24,  1834. 

Major  General  Henry  M.  Terrell, 

Cherokee  Court  House. 

Sir: — Yours  of  the  17th  inst.  was  received  this  morn- 
ing, in  which  you  state  that  you  had  ordered  out  a  guard 
of  twelve  or  fifteen  men,  under  the  command  of  Capt. 
Robert  Johnson,  for  the  protection  of  the  citizens  of 
Cherokee  County.  You  add  that  Captain  Johnson  has 
been  ordered  to  take  from  the  Indians  their  guns,  "town 
by  town,  from  all  the  hostile  (sixes)  of  Cherokee  County. 


286  REMOVAL  OF  IHE  CHEROKEE 

or  from  such  other  hostile  towns  as  may  be  known  to  be 
unfriendly  to  the  whites."  You  moreover  urge  that  a  mili- 
tary guard  of  thirty  men,  at  least,  be  stationed  in  the 
County,  &c.,  &c.  I  have  nothing  before  me  7vhatever  in 
the  nature  of  evidence  that  would  justify  the  conclusions 
or  measures  which  you  have  resorted  to  and  recommend- 
ed. If  there  be  hostile  towns  of  Indians  within  the  limits 
of  Georgia,  they  are  unknown  to  me.  And  I  feel  myself 
compelled,  by  a  sense  of  the  highest  obligation  to  the  peo- 
ple and  to  the  laws  and  Constitution  of  the  State  which 
I  am  sworn  to  support,  not  to  violate  and  overturn  the 
civil  authorit}'  of  the  country  by  substituting  and  estab- 
lishing a  military  and  arbitrary  government  in  lieu  there- 
of. Two  years  ago,  I  recommended  and  urged  the  Leg- 
islature to  authorize  such  a  guard  as  you  now  recommend. 
But  that  body  deemed  it  unnecessary,  and  declined  doing 
so,  even  at  that  time.  Now  that  our  population  has  in- 
creased four-fold,  and  we  have  ten  organized  counties  in 
the  place  of  one,  and  the  Indian  population  has  greatly 
decreased,  can  it  be  reasonable  to  suppose  that  the  mili- 
tary operations  which  you  propose  can  be  proper  and  ex- 
pedient? We  live  in  a  country  of  law^s,  and  the  highest 
ofificer  known  to  our  Government  is  bound  to  obey  the 
law.  Officers  must  execute  the  laws  as  they  find  them, 
and  not  assume  to  say  what  the  law  shall  be.  It  is  true 
that  the  very  extraordinary  excitement  which  seems  to 
prevail  in  the  County  of  Cherokee,  if  kept  up  and  encour- 
aged, cannot  fail,  in  a  very  short  time,  to  produce  a  state 
of  confusion  which  will  unsettle  everything  like  order  and 
civil  government.  If  the  rights  secured  to  the  Indians 
by  the  laws  of  the  State  are  wholly  disregarded — their  lives 
taken  without  law  or  legal  trial ;  their  property  wrested 
from  them  by  arbitrary  force — then  indeed  we  may  ex- 
pect to  see  the  laws  of  the  state  prostrated  and  the  ad- 
vocates of  revolution  glorying  in  their  success. 

I  hope  before  this  reaches  you  you  will  have  seen  mv 
communications  to  General  M'Connell  (who  was  requested 
to  aprise  you  of  my  views)  and  you  and  he.  I  trust,  after 
due  deliberation,  will  concur  in  the  measures  which  I  have 
suggested,  and  lend  your  aid  in  carrying  my  views  into 
efTect.  Be  assured  that  nothing  has  yet  been  laid  before 
me  which  will  justify  the  measures  which  have  been  con- 
templated by  those  who  are  unfortunately  laboring  under 
feelings  of  strong  and  extraordinary  excitement.  Under 
the  existing  state  of  things,  very  much  depends  upon  the 
course   pursued  bv  yourself  and   General    M'Connell.      It 


INDIANS    FROM    GEORGIA. 


287 


requires  great  firmness  to  resist  popular  excitement;  but 
every  public  man  should  make  up  his  mind  to  do  his  duty, 
and  trust  the  people  for  the  rest. 

In  haste,  yr.  obt  servt., 

WILSON  LUMPKIN. 

Etowah,  May  i8th,  1834. 
Sir: — The  haste  that  was  required  in  sending  an  ex- 
press to  you  a  few  days  ago,  upon  the  subject  of  our  In- 
dian difficulties,  made  it  necessary  that  we  should  send 
you  the  original  papers.  As  they  are  wanting,  we  request 
you  to  enclose  them  to  us  by  mail. 

Yr.  obt  servts., 
HOWELL   COBB,    Chairman. 
D.  R.  MITCHELL,  Secretary. 
Governor  Lumpkin. 

Executive  Department,  Ga., 
Milledgeville,  May  24,  1834. 
Howell  Cobb  and  D.  R.  Mitchell,  Esqrs. 

Gentlemen: — I  have  received  yours  of  the  i8th  inst., 
requesting  me  to  return  to  you  the  papers  forwarded  to 
me  by  you  a  few  days  ago  (by  express.)  I  should  be 
pleased  to  oblige  you,  if  it  could  be  done  consistently;  but 
these  papers  have  now  become  a  record  and  file  of  this 
department,  upon  which  your  official  acts  and  correspond- 
ence have  been  predicated.  Therefore,  your  request  can- 
not be  granted. 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Cherokee  C.  H.,  May  22,  1834. 
Sir : — We  respectfully  request  the  favor  of  your  Excel- 
lency to  return  the  letter  we  addressed  you  a  short  time 
since  (on  the  subject  of  our  difficulties  with  the  Cherokee 
Indians),  as  a  committee  on  behalf  of  the  citizens  of  Cher- 
okee County. 

Respectfully,  yr.  obt.  servts., 

D.  R.  MITCHELL, 
JNO.  BREWSTER, 
R.  M.  HOLT, 

Committee. 
Governor  Lumpkin. 


288  REMOVAL  OF  THE  CHEROKEE 

Executive  Department,  Ga., 

Milledgeville,   May  31st,   1834. 

To  D.  R.  Mitchell,  John  Brewster  and  R.  M.  Holt,  Esqrs., 

Cherokee  County. 

Gentlemen : — I  have  received  your  request  contained 
in  your  note  of  the  22d  inst.,  that  I  would  return  your 
letter  addressed  to  me  some  time  past,  and  sent  by  ex- 
press, on  the  subject  of  our  Cherokee  relations,  &c.  I 
am  under  the  necessity  of  respectfully  declining  a  com- 
pliance with  your  request,  because  that  letter  is  now  on 
the  files  of  this  department,  as  one  amongst  other  papers 
upon  which  ofificial  acts  and  correspondence  have  been 
predicated,  and  must  remain  here  for  the  justification  of 
the  course  pursued  by  the  Executive. 

Very  respectfully,  gentlemen, 

WILSON  LUMPKIN. 

Correspondence  on  the  subject  of  the  intrusion  and 
settlement  of  some  of  the  Creek  Indians  among  the  Cher- 
okees  resident  in  Georgia. 

Cedartown,  Paulding  Co.,  Ga., 
May  27,  1834. 

Dear  Sir : — We  hasten  to  inform  your  Excellency  that 
recently  a  large  number  of  Creek  Indians  who  have  dis- 
posed of  their  reservations  in  the  State  of  Alabama  have 
moved  to  and  settled  in  this  county,  near  the  line  of  Ala- 
bama, and  continue  to  come  in  daily. 

We  have  held  a  friendly  talk  with  them  on  the  sub- 
ject of  their  removal  here.  They  say  the  Creeks  have 
sold  their  lands  to  the  white  people,  and  that  they  are 
not  willing  to  go  to  Arkansas,  and  that  they  have  come 
to  reside  permanently  among  the  Cherokees,  who  are 
willing  and  wish  them  to  do  so.  Since  their  arrival  here 
the  Cherokees  have  become  much  more  impudent  and 
hostile  than  they  were  before,  and  say  the  Creeks  are 
willing  to  aid  them  in  killing  up  the  white  people,  and 
taking  their  lands  back  again.  They  have  been  continual- 
ly robbing  and  plundering  our  citizens  ever  since  they 
came  here,  and  we  do  assure  your  Excellency  that,  un- 
less the  Creek  Indians  are  speedily  removed  from  this 
country,  our  honest  white  citizens  must  either  remove  from 
the  country  or  submit  to   savage   ambition  and   violence. 


INDIANS    FROM    GEORGIA.  289 

We  then  hope  that  your    Excellency    will    adopt    some 
speedy  measure  to  have  them  removed  from  our  country. 

With  the  highest  esteem,  we  remain,  your  Excellency's 

obedient  servants, 

M.  S.  EDMUNDSON, 

S.    F.   BURGES, 

JOHN  KIRBY, 

WADDY  THOMPSON, 

TURMAN  WALTHALL, 

HIRAM  WRIGHT, 

HENRY   PEEK, 

LACY  WITCHER, 

JESSE  STEPP, 

JOHN  WITCHER. 

Executive  Department,  Ga., 

Milledgeville,  June  7,  1834. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  herewith  enclose  you  the  copy  of  a  communi- 
cation received  this  morning  from  a  number  of  highly 
respectable  citizens  of  Paulding  County,  Georgia,  from 
which  you  will  perceive  the  immediate  necessity  of  using 
the  most  efficient  means  to  correct  the  evils  complained 
of.  Under  the  existing  state  of  things  in  the  Cherokee 
part  of  Georgia,  it  cannot  be  permitted  for  the  Creek  In- 
dians, of  Alabama,  to  think  of  taking  up  their  abode  with- 
in the  limits  of  Georgia  (even  for  a  short  time)  if  they 
manifest  the  most  friendly  disposition  towards  the  citi- 
zens of  Georgia.  But,  on  the  contrary,  while  they  mani- 
fest a  hostile  spirit,  accompanied  by  the  most  daring  and 
insolent  assumptions  of  menace  and  threats  towards  the 
whites,  not  a  moment  should  be  lost  in  suppressing  the 
dangers  which  must  be  anticipated. 

I  shall  apprise  the  citizens  of  Paulding  County  of  hav- 
ing made  this  communication  to  you,  and  shall  venture 
to  assure  them  that  you  will  promptly  resort  to  the  most 
efficient  means  within  your  control  to  remove  the  cause 
of  complaint.  In  the  meantime,  I  shall  have  in  prepara- 
tion such  measures  as  will  enable  me  to  meet  the  depre- 


ago  REMOVAL  OF  THE  CHEROKEE 

ciated  necessity  of  using  the  militia  of  Georgia  to  meet 
any  emergency  wliich  may  demand  a  resort  to  such  means. 
I  will  not  conceal  from  you  that  the  interest,  peace  and 
quiet  of  the  citizens  of  Georgia  and  Alabama  require  that 
we  should,  if  possible,  avoid  calling  upon  the  militia  to 
suppress  Indian  menace  or  irregularity.  Should  such  a 
necessity  occur,  you  can  readily  conceive  how  very  difficult 
it  may  be  to  restrain  such  force  within  the  limits  which 
prudence  and  humanity  would  inculcate  on  the  feelings 
of  the  disinterested.  Of  late  I  have  received  many  com- 
munications from  highly  respectable  citizens  of  the  Chero- 
kee part  of  Georgia,  complaining  of  the  hostile  feelings 
indicated  by  the  Cherokees  who  reside  amongst  them. 
And  in  some  cases  the  excitement  has  been  very  strong, 
and  I  have  been  urged  to  use  military  force  to  guard 
against  and  suppress  the  evils  complained  of.  I  have  con- 
tinued to  rely  upon  the  civil  authority,  and  trust  we  shall 
be  able  to  govern  and  restrain  these  people  by  a  vigilant 
enforcement  of  our  laws,  unless  they  are  stimulated  to 
acts  of  desperation  by  a  desperate  political  faction,  who 
are  ardently  engaged  in  the  unholy  work  of  agitating  the 
country  with  a  view  to  confusion,  if  not  revolution.  In 
haste,  I  have  the  honor  to  be 

Yr.  obt.  servant, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  June  7,  1834. 

Gentlemen : — On  the  reception  (this  morning)  of  your 
communication  of  the  27th  ult.,  I  lost  not  a  moment  in 
communicating  its  contents  to  the  Secretary  of  War, 
whom  I  have  urged  to  use  the  most  prompt  and  efficient 
means  to  correct  the  evils  of  which  you  so  justly  com- 
plain. It  is  the  duty  of  the  Federal  authorities  to  attend 
to  this  matter,  and  many  considerations  induce  one  to 
place  the  responsibility  and  duty  where  it  properly  be- 
longs. But  you  may  rest  assured,  and  also  assure  our 
fellow  citizens,  that  they  shall  be  promptly  relieved  and 
shielded  from  the  evils  complained  of.  I  have  entire  con- 
fidence that  the  Secretary  of  War  will  promptly  do  his 
duty  in  removing  these  vagabond  intruders.  But,  in  case 
of  failure,  I  shall  take  the  proper  steps  to  put  in  speedy 
requisition   such   militia   force,  and   under   such   organiza- 


INDIANS    FROM    GEORGIA. 


291 


tion,  as  shall  insure  a   complete   correction  of    the    evils 
complained  of. 

You  may  rest  assured  that,  if  necessary,  the  full  ex- 
tent of  my  constitutional  power  shall  be  exerted  to  sup- 
press the  insufiferable  assumptions  of  which  you  so  justly 
complain. 

With  great  respect,  &c., 

WILSON  LUMPKIN. 
To  Turman  Walthall,  Hiram  Wright,  and  others. 

Executive  Department,  Ga., 
Milledgeville,  June  9,  1834. 
Brigadier  General  James  Hemphill,  of  Floyd  County,  and 
Colonel  Z.  B.  Hargrove,  of  Cass  County. 

Gentlemen : — On  the  7th  inst.  I  received  a  communi- 
cation, signed  by  ten  of  the  citizens  of  Paulding  County, 
wherein  they  state  that  a  large  number  of  the  Creek  In- 
dians have  recently  disposed  of  their  possessions  in  the 
State  of  Alabama,  and  have  since  intruded  themselves 
as  settlers  in  Paulding  County ;  and,  moreover,  that  the 
said  Creek  Indians  state  that  they  intend  to  reside  per- 
manently amongst  the  Cherokees  within  the  limits  of 
Georgia,  upon  whose  invitation  and  desire  they  have  thus 
taken  up  their  abodes.  And  it  is  further  stated  that  the 
Indians  are  daily  becoming  more  insolent  and  hostile  in 
their  deportment  to  the  whites ;  and  even  have  the  assur- 
ance to  talk  of  killing  the  whites  and  taking  their  lands 
from  them,  &c.  This  communication  was  immediately 
m.ade  known  to  the  Secretary  of  War  by  me,  with  an  urg- 
ent request  that  he  would  forthwith  resort  to  the  most 
speedy  and  effectual  means  to  remove  the  intruding  and 
insolent  Creeks,  and  the  evils  complained  of.  And  fur- 
ther, I  have  explicitly  stated  to  the  Secretary  of  War 
that  if  these  Indians  were  not  immediately  removed  by 
the  Federal  authorities  I  should  feel  myself  under  the 
deprecated  necessity  of  using  the  militia  of  Georgia  for 
that  purpose.  My  ofificial  course,  herein  detailed  to  you, 
I  have  communicated  to  the  citizens  of  Paulding  County, 
with  the  assurance  that  their  grievances  and  complaints 
should  receive  the  most  prompt  and  energetic  attention. 
L'pon  further  reflection  it  has  occurred  to  me  that  it  would 
be  expedient  and  proper,  and  perhaps  prevent  much  evil 
and   bloodshed,   to   warn   these   unfortunate   remnants    of 


292  REMOVAL  OF  THE  CHEROKEE 

Indians  of  the  impending  evils  which  they  will  inevitably 
bring  upon  themselves,  if  they  persist  in  the  unlawful  and 
insufferable  course  with  which  they  stand  charged.  I  have 
therefore,  gentlemen,  after  full  reflection,  selected  you 
jointly  as  the  most  suitable  persons  in  that  section  of  the 
State  to  visit  the  Indians  complained  of,  both  Creeks  and 
Cherokees,  and  inform  them  fully  and  explicitly  in  regard 
to  the  evils  which  they  will  speedily  and  inevitably  bring 
upon  themselves  by  persevering  in  their  present  course. 
Every  Creek  Indian  must  quit  the  country  instantly,  and 
not  be  permitted  to  remain,  under  any  pretence  whatever. 

And  every  Cherokee  who  shall  be  found  guilty  of  en- 
couraging the  Creeks  to  settle  and  remain  in  Georgia 
may  expect  to  suflfer  the  penalty  of  such  lawless  aggres- 
sion. You  will  inform  them  that  military  force,  eitHer 
from  the  United  States  or  Georgia,  will  forthwith  visit 
them,  unless  they  immediately  leave  the  State;  and  they 
will  consider  your  notification  as  my  official  order  for 
every  Creek  Indian  to  leave  the  State  of  Georgia  without 
delay,  and  in  case  of  refusal,  they  must  abide  the  conse- 
quences. 

Moreover,  you  will  notify  the  Cherokees  who  are  com- 
plained of  that,  if  we  are  urged  to  the  necessity  of  using 
military  force,  their  lawless  conduct  will  not  escape  proper 
scrutiny  and  punishment.  Under  all  circumstances  I 
hope,  gentlemen,  you  will  not  hesitate  promptly  to  com- 
ply with  my  request  in  performing  the  delicate  duties 
herein  pointed  out,  jointly  if  you  can,  but  separately  if 
necessary. 

At  any  rate,  let  me  hear  from  you  immediately  on  this 
subject. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  June  9,  1834. 

Major  General  R.  M.  Echols. 

Dear  Sir : — Through  the  ordinary  channels  of  infor- 
mation you  cannot  have  failed  to  discover  the  late  ex- 
citements which  have  been  engendered  in  various  neigh- 
borhoods in  the  Cherokee  part  of  the  State.  I  assure  you 
our  good  citizens  in  many  neighborhoods  are,  and  have 
been,  under  serious  apprehensions  of  Indian  hostility  and 
outrage.     While  I  have  been  slow  to  believe  that  these 


INDIANS    FROM    GEORGIA.  293 

deluded  remnants  of  the  Indian  race  could  be  so  far  mis- 
led as  to  venture  upon  any  general  plan  of  hostility,  I 
must  confess  to  you  that  we  have  sufficient  indications 
of  increased  insolence  and  assumptions. 

A  number  of  our  excited  citizens,  laboring  under  feel- 
ings of  alarm  growing  out  of  individual  Indian  depreda- 
tions, have  called  upon  me  for  protection,  and  advised 
the  organization  of  a  military  guard  to  protect  our  citi- 
zens in  the  new  counties.  Nothing  yet,  however,  has  oc- 
curred which  would,  in  my  opinion,  justify  military  opera- 
tions. So  long  as  the  civil  authority  can  be  enforced,  it 
ought  not  to  be  superseded  by  the  military.  I  have  re- 
cently received  a  communication  from  a  number  of  citi- 
zens of  Paulding  County,  informing  me  that  many  of  the 
Creek  Indians  from  Alabama  have,  on  the  invitation  of 
the  Cherokees  of  that  County,  come  over  and  settled 
amongst  them,  and  with  a  view  of  a  permanent  residence. 
Moreover,  they  add  that  these  Indians,  Creeks  and  Cher- 
okees, are  insolent  and  hostile  in  their  feelings ;  and  that 
some  of  them  have  even  threatened  the  extermination 
of  the  whites.  I  have  communicated  these  things  to  the 
Secretary  of  War,  and  urged  the  immediate  removal  of 
these  Creeks,  as  a  duty  devolving  on  the  Federal  authori- 
ties. I  have  informed  him  that,  on  the  failure  of  the  Fed- 
eral Government  to  attend  to  this  business  promptly,  the 
militia  of  Georgia  would  be  used.  I -have  assured  the 
alarmed  citizens  everywhere  that  they  should  be  pro- 
tected at  all  hazards;  and,  when  the  occasion  would  jus- 
tify it,  we  would  make  short  work  of  it ;  that  we  cculd 
not  think  of  the  expense  and  degradation  of  guarding:  the 
ten  new  counties,  to  protect  them  from  the  outraiie  of 
this  stnall  remnant  of  Indians  ;  that  every  citizen  shoidd 
consider  himself  a  soldier  and  sentinel  to  protect  his  fire- 
side and  family,  and,  when  it  becomes  necessary,  they 
should  have  aid  from  proper  authority.  I  have  to  warn 
them  01  the  evils  which  await  them  in  case  of  refusal.  My 
object  in  apprising  you  of  these  events  is  to  prepare  your 
mind  for  what  may  possibly  occur.  I  have  also  written 
to  our  friend.  General  Bates,  upon  this  subject  (this  re- 
cent excitement).  Should  it  become  necessary  to  use 
military  force  to  chastise  these  unfortunate  Indians,  who 
are  urged  to  acts  of  desperation  by  one  of  the  vilest  pcD- 
litical  factions  that  ever  agitated  our  beloved  country,  our 
movements  should  be  made  with  celerity.  In  case  of  such 
emergency,  may  I  not  rely  that,  from  the  two  divisions, 
commanded  by  you  and  General  Bates,  you  and  he  should 


294  REMOVAL  OF  the;  CHEROKEE 

raise  a  sufificient  number  of  volunteers  who  would  at  once 
mount  their  horses,  seize  their  arms,  and  drive  every  In- 
dian from  Georgia,  before  the  news  extended  over  the 
country?  Do  not  misunderstand  me;  I  have  no  idea  of 
any  such  rash  and  violent  means,  unless  circumstances 
should  actually  justify  and  demand  it.  But,  sir,  we  are 
not  to  be  sported  with  on  this  subject.  If  a  massacre  of 
our  people  should  take  place,  exemplary  punishment  must 
folio  v.  Georgia  must  at  once  be  reheved  from  her  In- 
dian perplexities. 

You  will  please  to  let  me  hear  from  you  on  this  sub- 
ject; especially  let  me  know,  if  force  is  demanded,  what 
can  be  done  in  your  division. 

Yr.  friend,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  June  28,  1834. 
Hon.  Lewis  Cass, 

Secretary  of  War, 

Washington. 

Sir: — I  have  the  honor  to  acknowledge  the  receipt  of 
your  letter  of  the  19th  inst.  informing  me  of  the  measures 
which  you  have  adopted  for  the  removal  of  the  causes  of 
complaint  against  the  Creek  Indians  who  have  intruded 
themselves  on  the  territory  of  Georgia,  to  the  annoyance 
and  injury  of  the  citizens  of  this  State.  I  approve  of  the 
direction  which  you  have  given  to  this  subject,  and  hope 
that,  in  connection  with  the  measures  adopted  by  my- 
self, it  will  prove  effectual,  and  that  these  deluded  people 
will  yield  to  the  friendly  and  united  advice  of  both  the 
Federal  and  State  authorities,  and  thereby  avert  all  ap- 
prehended evils. 

In  my  former  letter  on  this  subject  I  omitted  to  in- 
form you  that,  immediately  on  receiving  the  communi- 
cation of  the  citizens  of  Paulding  County  complaining  of 
the  conduct  of  the  Creeks,  I,  without  delay,  instructed 
and  requested  two  of  the  most  competent  citizens  of  that 
section  of  the  State  to  visit  the  Indians  complained  of, 
and  to  explain  to  them  the  impropriety  and  danger  of 
their  procedure;  and  to  order  them  to  abandon,  without 
delay,  the  country  upon  which  they  have  so  lawlessly  in- 
truded. I  have  not  heard  yet  from  these  agents,  but  in- 
dulge the  hope  that  their  report  may  be  favorable  to  our 


INDIANS    FROM    GEORGIA.  295 

wishes  and  the  quiet  of  the  country.  I  learn  from  Wash- 
ington that  a  treaty  has  been  concluded  and  signed  by 
certain  Cherokee  delegates  now  at  that  place.  Will  you 
have  the  kindness  to  keep  me  advised  of  everything  re- 
lating to  this  subject,  in  any  way  connected  with  my  of- 
ficial duties,  and  which  may  be  proper  for  me  to  know? 

I  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  June  28,  1834. 
Sir : — Yesterday's  mail  brought  me  a  communication 
from  the  Secretary  of  War,  in  reply  to  mine  on  the  subject 
of  the  complaints  of  yourself  and  fellow  citizens  against 
the  Indians  in  your  section.  As  was  anticipated  in  my 
former  letter  to  you,  I  have  the  assurance  of  the  Secre- 
tary of  War  that  his  prompt  attention  has  been  directed 
to  the  subject,  and  that  the  present  agent  of  the  Creeks 
(Mr.  Tarrant)  has  been  fully  instructed  on  the  subject; 
and  that,  if  remonstrance  should  avail  nothing,  more  ef- 
ficient means  will  be  immediately  resorted  to.  Be  assur- 
ed, and  assure  your  community,  that  proper  means  and 
vigilance  will  be  used  to  shield  their  rights  and  guard 
their  persons   and  property  from   savage   depredations. 

Very  respectfully, 

WILSON  LUMPKIN. 

To  Turman   Walthall,   Paulding  County. 

Cassville,  June  28,  1834. 
Dear  Sir : — Your  favor  of  date  9th  inst.  was  received 
by  us.  Immediately  upon  its  reception  we  visited  Pauld- 
ing County,  and  the  Creek  Indians  aeainst  whom  com- 
plaints had  been  made.  On  our  first  approach  to  their 
habitations  they  manifested  great  hostility,  and  appeared 
prepared  for  battle.  We  had,  in  Floyd  County,  procured 
the  services  of  Mr.  Charles  Vann,  an  intelligent  Chero- 
kee, to  act  as  interpreter.  Through  him,  we  informed 
them  of  the  object  of  our  visit,  the  instructions  which  had 
been  given  to  us,  and  the  consequences  of  a  refusal  quiet- 
ly to  leave  the  country.  They  then  made  very  little  reply 
to  us,  but  agreed  to  meet  us  the  day  following,  when  they 
would  more  fully  hear  our  talk.      We    accordingly    met 


296  REMOVAL  OF  THE  CHEROKEE 

them,  and  fully  explained  to  them  the  nature  of  the  ten- 
ure by  which  the  Cherokees  held  their  homes  and  your 
determination  that  our  citizens  should  not  be  intruded 
upon.  They  replied  that  they  had  come  amongst  the 
Cherokees  in  conformity  to  a  usage  which  had  long  ex- 
isted between  the  Creeks  and  Cherokees,  that  they  were 
ignorant  of  having  violated  the  rights  of  Georgia,  and  ex- 
pressly disavowed  any  hostile  intent.  They  further  re- 
marked that  if  the  principal  chief  of  the  Cherokees  was  to 
order  them  to  leave  the  country,  they  would  do  so.  We 
inform^ed  them  distinctly  that  they  must  not  look  to  the 
chief  of  the  Cherokees  for  authority  to  remain  within  the 
limits  of  Georgia,  and  that  your  orders  must  be  implicit- 
ly obeyed.  They  required  until  the  24th  inst.  to  answer 
us  fully,  which,  with  the  consent  of  the  citizens  of  Pauld- 
ing in  the  immediate  neighborhood,  was  granted.  Their 
final  determination  was  to  have  been  made  known  to  us 
on  that  day,  at  the  head  of  the  Coosa,  but  we  heard  noth- 
ing authentic  from  them.  Turman  Walthall  and  John 
Witcher,  Esqrs.,  of  Paulding,  met  at  that  place  on  the  ap- 
pointed day,  by  whom  we  were  informed  that  the  Creeks 
had  not  departed ;  and  from  all  they  could  learn  it  was 
not  their  intention  to  do  so.  Mr.  Vann  thinks  it  will  re- 
quire but  a  small  force  to  remove  them  ;  such  is  our  opin- 
ion also.  We  therefore  recommend  that  Capt.  Peyton 
Randolph,  of  Floyd  County,  may  be  ordered  to  perform 
this  duty.  We  consider  the  militia  under  his  command 
fully  competent,  and  we  know  that  they  are  to  be  depend- 
ed on,  both  for  bravery  and  prudence.  You  will  address 
Capt.  Randolph,  at  Livingston,  Georgia,  care  of  James 
Hemphill.  At  our  request,  Mr.  Vann  collected  as  many 
of  the  Cherokees  in  Paulding  as  he  could,  and  informed 
them  of  the  charges  made  against  them.  They  assured 
him  that  they  had  not  participated  in  the  controversy  be- 
tween the  whites  and  Creeks,  and  that  they  were  deter- 
mined to  keep  themselves  aloof  from  it.  Mr.  Vann  said 
to  us  that  he  did  not  apprehend  the  least  danger  from  the 
Cherokees. 

Very  respectfully,  yr.  obt.  servts., 

Z.  B.  HARGROVE, 
JAMES   HEMPHILL. 
His  Excellency  W.   Lumpkin. 


INDIANS    FROM    GEORGIA.  297 

Executive  Department,  Ga., 

Milledgeville,  July  5,  1834. 

Gentlemen : — In  acknowledging  your  favor  of  the  28th 
ult.,  permit  me  to  express  my  sense  of  your  being  entitled 
to  the  public  gratitude,  as  well  as  my  individual  acknowl- 
edgements, for  the  prompt  and  proper  manner  in  which 
you  have  performed  the  delicate  and  necessary  duty  to 
which  you  were  invited  by  my  letter  of  the  9th  ult.  I  en- 
tirely approve  of  the  views  and  suggestions  which  you 
have  submitted,  and  should  immediately  take  the  course 
which  you  suggest,  but  for  the  fact  of  having  received  a 
communication  from  the  Secretary  of  War,  assuring  me 
that  the  most  prompt  means  would  be  immediately  put  in 
operation  to  effect  the  withdrawal  of  the  Creeks  from  the 
territory  of  Georgia.  I  have  communicated  the  course 
determined  on  by  the  War  Department  to  the  citizens  of 
Paulding  County,  through  T.  Walthall,  Esq.  Therefore, 
it  will  be  necessary,  under  all  the  circumstances,  for  us 
to  pause  until  suitable  time  shall  elapse,  for  the  action  of 
the  Federal  measures ;  and  then,  if  necessary,  we  will 
promptly  resort  to  the  means  within  our  own  command. 

Very  respectfully  yrs., 

WILSON  LUMPKIN. 

Col.  Z.  B.  Hargrove  and  Gen.  James  Hemphill,  Cassville. 

War  Department, 
July  6,  1834. 

Sir : — I  have  had  the  honor  to  receive  your  letter  of 
the  28th  ultimo,  and  am  happy  to  find  that  the  measures 
taken  by  this  department  to  obviate  the  anticipated  dif- 
ficulties from  the  removal  of  the  Creek  Indians  meet  your 
approbation. 

During  the  recent  session  of  Congress  an  arrange- 
ment was  made  with  the  emigrating  portion  of  the  Chero- 
kees  for  the  removal  of  their  people  to  the  country  west 
of  the  Mississippi.  This  arrangement,  in  the  form  of  a 
treaty,  was  submitted  tc  the  Senate  for  their  ratification, 
but,  not  having  been  acted  upon  by  that  body,  it  still  re- 
mains before  them. 

In  the  meantime,  however,  the  efforts  in  Georgia  for 
the  removal  of  the  Indians  will  be  continued,  though  upon 
a  plan  somewhat  changed.  Books  will  be  opened  for  en- 
rollment in  which  the  substance  of  the  treatv  will  be  stated, 


298  REMOVAL  OF  THE)  CHEROKEE 

and  the  assent  of  the  signers  will  be  given  to  it.  If  a  ma- 
jority of  the  nation  should  signify  their  acquiesence,  it  is 
presumed  that  no  difficulty  will  occur  in  the  ratification 
of  the  treaty.  But,  if  not,  then  the  enrolled  persons  agree 
to  remove  as  soon  after  the  ist  of  January  as  the  public 
agents  may  be  prepared  for  operation. 

The  Indians  will  be  assembled  at  some  convenient 
place  during  the  season  for  the  purpose  of  taking  their 
opinion,  under  a  recent  act  of  Congress,  respecting  the 
mode  of  paying  their  annuity.  A  convenient  opportunity 
will  then  be  aflforded  to  ascertain  their  general  sentiments 
respecting  emigration.  Major  Curry  will  be  instructed 
to  report  his  progress  and  prospects  from  time  to  time  to 
your  Excellency. 

Very  respectfully,  yr.  most  obt.  servt., 

LEWIS  CASS. 
His  Excellency  Wilson  Lumpkin,  Governor  of  Georgia. 

War  Department, 
September  10,  1834. 

Sir: — I  have  the  honor  to  transmit  a  copy  of  a  letter 
recently  received  from  the  Sub-Agent  of  the  Creeks,  on 
the  subject  of  the  injuries  committed  by  their  people 
within  the  State  of   Georgia. 

So  far  as  this  department  is  informed,  no  change  has 
taken  place  in  the  Cherokee  relations.  Should  anything 
important  occur,  I  shall  not  fail  to  apprise  your  Excel- 
lency of  it. 

Very  respectfully,  yr.  most  obt  servt., 

LEWIS  CASS. 

His  Excellency  Wilson  Lumpkin,  Governor  of  Georgia. 

Mardisville,  Alabama,  Aug.  20,  1834. 

Sir : — I  have  been  to  see  the  head  chiefs  of  the  upper 
and  lower  town,  and  communicated  to  them  the  informa- 
tion you  had  received  from  the  Governor  of  Georgia,  and 
stated  to  them  the  necessity  of  withdrawing  their  people 
from  Georgia,  and  preventing  any  more  from  going  into 
that  State.  I  stated  to  them  the  consequences  which 
would  result  from  such  a  course  of  conduct  as  their  peo- 
ple were  charged  with,  and  urged  upon  them  to  attend 
to  this  matter  as  early  as  possible.     The  reply  of  Neah- 


INDIANS    FROM    GEORGIA.  299 

Mice,  the  head  chief  of  the  lower  towns,  in  presence  of 
a  council  of  the  whole  tribe,  was  that  he  had  no  knowl- 
edge of  any  mischief  committed  by  the  Indians  in  Geor- 
gia ;  but  stated  that  he  would  inquire  into  the  matter,  and 
if  he  could  ascertain  where,  and  by  whom,  it  was  com- 
mitted, he  would  exert  his  influence  to  put  a  stop  to  it. 

I  am,  sir,  very  respectfully, 

Yr.  obt.  servt., 

(Signed)  LEONARD  TARRANT. 

Hon.  Lewis  Cass,  Dept.  of  War,  Washington  City. 


CHAPTER  XII. 


Official  Letters,  1835. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  12th,  1835. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  the  honor  to  acknowledge  the  receipt  of 
your  favor  of  the  26th  ult.,  enclosing  a  copy  of  the  opinion 
of  the  Attorney  General  of  the  United  States  in  relation 
to  the  act  of  the  30th  of  June  last,  providing  for  the  in- 
vestigation and  payment  of  certain  claims  under  the  Creek 
Treaty  of  1821.  After  examining  the  act  referred  to,  in 
connection  with  the  opinion  of  the  Attorney  General,  I 
take  pleasure  in  acknowledging  the  liberal  and  just  dis- 
position which  I  perceive  is  manifested  by  the  Federal 
authorities  to  bring  to  a  speedy  and  fair  adjustment  the 
long-delayed  claims  of  the  citizens  of  the  State  of  Georgia 
connected  with  this  subject.  Under  all  the  circumstances, 
I  feel  it  my  duty,  and  am  therefore  willing,  to  render  every 
aid  which  may  be  placed  under  my  control  to  bring  to  a 
proper  close  this  long  standing  subject  of  complaint. 

I  have  the  honor  to  be, 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville.  Jan'y  12th.  1835. 
Col.  C.  H.  Nelson, 

Long  Swamp  P.  O., 

Cherokee  Co.,  Ga. 

Sir : — I  have  received  yours  of  the  3d  inst.,  signifying 
your  aceptance  of  a  part  of  the  agency  contemplated  by 
the  late  act  of  the  Legislature  entitled  "An  act  to  amend 
an  act  more  effectually  to  provide  for  the  government 
and   protection   of  the   Cherokee    Indians   residing  within 


INDIANS    FROM    GEORGIA.  301 

the  limits  of  Georgia,"  a  printed  copy  of  which  is  here- 
with enclosed,  together  with  the  order  of  your  appoint- 
ment. 

The  sure  guide  for  all  officers  and  agents  under  our 
Government  is  the  letter  and  spirit  of  the  laws  which  they 
are  called  to  administer  and  execute.  You  will,  therefore, 
consider  your  various  duties  as  being  best  defined  by  the 
several  acts  of  the  Legislature  under  which  you  are  called 
to  officiate. 

After  filing  your  bond  and  taking  the  oath  of  office 
required  by  law,  you  will  be  ready  forthwith  to  enter  upon 
the  duties  of  your  appointment.  A  blank  bond,  with  a 
"Dedimus  Potestatem,"  directed  to  any  two  of  the  Infe- 
rior Courts  of  Cherokee  County  to  administer  to  you  the 
oath  of  your  office,  is  herewith  enclosed,  and,  when  exe- 
cuted, may  be  returned  to  this  department  by  mail. 

The  principal  duties  which  will  be  required  of  you  as 
Agent  will  be  to  examine  and  report  to  this  department, 
when  required  to  do  so  in  terms  of  the  law,  all  lots  of 
land  which  are  still  subject  to  be  granted,  under  the  act 
of  the  20th  of  Dec,  1833.  ^^^  ^o  deliver  possession  to  all 
applicants  who  are  the  legal  or  rightful  owners  of  all  iots 
of  land  which  have  been,  or  may  be,  granted  under  the 
provisions  of  the  act  of  1833  above  referred  to.  In  per- 
forming the  latter  duty,  to  wit :  placing  the  legal  owner, 
holding  claims  under  a  grant  from  the  State,  in  possession 
of  his  premises,  you  may,  as  has  evidently  been  antici- 
pated by  the  Legislature,  meet  with  obstructions  or  re- 
sistance. Permit  me,  therefore,  to  suggest  to  you  the  im- 
portance of  exercising  a  precedent  forecast  in  making 
proper  arrangements  to  meet  any  exigency  which  may  be 
apprehended  by  you.  In  all  cases  where  the  law  requires 
you  to  demand  a  change  of  possession,  f/ie  law  must  be 
sustained.  But  I  would  advise,  in  every  case,  that  you 
should,  in  the  first  instance,  rely  upon  the  moral  force  of 
the  laws  of  the  State,  without  menace,  threat,  or  irritat- 
ing discussion  of  any  kind  whatever.  If,  unfortunately, 
the  moral  force  and  authority  of  the  State  enforced  by 
reason  and  right  should  fail,  be  prepared  to  do  you  duty, 
by  the  use  of  the  forcible  means  provided  by  law.  It  is 
true  the  law  confides  the  power  of  using  force  to  the  Ex- 
ecutive, when,  according  to  the  report  of  the  Agent,  force 
may  be  deemed  necessary ;  but  you  are  an  Agent,  and 
upon  your  reports  I  should  have  to  supply  the  force  when 
deemed  necessary.  And  I  therefore  deem  it  most  expe- 
dient,  economical  and   proper   to  authorize   you   at   once 


302  REMOVAL  OF  IHE  CHEROKEE 

to  exercise  a  sound  discretion,  and  when  you  may  deem  it 
indispensable  you  will  call  to  your  aid  such  force  as  may 
be  necessary  to  carry  this  provision  of  the  law  into  im- 
mediate efifect.  Should  any  case,  however,  occur,  which 
should,  in  your  judgment,  require  a  greater  force  than 
you  may  be  able  to  command,  you  will,  without  delay, 
report  the  case  to  me,  with  all  the  circumstances  attend- 
ing the  same.  The  Legislature  having  promised  a  per 
diem  allowance  for  your  compensation,  will  make  it  neces- 
sary for  you  to  keep  an  accurate  account  of  all  the  days 
you  may  devote  to  this  particular  service.  In  the  execu- 
tion of  the  delicate  and  important  trust  herein  confided 
to  you,  permit  me  respectfully  to  urge  the  importance 
of  your  keeping  mc  constantly  advised  of  every  impor- 
tant matter  which  may  transpire  in  any  way  connected 
with  your  present  agency.  Should  any  diflficulty  occur 
which  may  be  calculated  to  obstruct  a  due  and  faithful 
execution  of  the  h\v,  report  the  same  to  me,  and  you 
shall  promptly  hav>  the  aid  of  the  best  advice  which  I  may 
be  able  to  afford.  The  haste  with  which  these  instructions 
have  been  written  will  not  justify  the  idea  that  nothing 
of  importance  has  been  omitted.  You  will,  therefore, 
without  hesitancy,  call  upon  me  freely  for  my  further 
views  upon  any  and  all  subjects  connected  with  your  of- 
ficial duty. 

Very  respectfully  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  14th,  1835. 
Col.  M.  St.  Clair  Clarke, 

Washington,  Dist.  Columbia. 

Sir : — Under  the  provisions  of  a  joint  resolution  of  the 
General  Assembly  of  this  State,  approved  on  the  20th  of 
December  last,  the  Governor  is  authorized  to  employ 
some  fit  and  proper  agent  to  prosecute  the  claims  of  the 
State  of  Georgia  against  the  LTnited  States,  for  services 
rendered  and  moneys  paid  by  the  State  during  the  Revo- 
lutionary War.  And,  further,  the  Governor  is  authorized 
to  stipulate  with  the  agent  who  may  be  employed  that  he 
shall  receive  a  sum  not  exceeding  ten  per  cent,  on  the 
amount  received  from  the  United  States,  which  may  be 
as  a  full  compensation  for  his  services.  Under  all  the 
circumstances    connected    with    the    investigation    of    this 


INDIANS    FROM    GEORGIA.  303 

subject  (and  with  which  you  are  fully  acquainted)  I  feel 
authorized  to  say  to  you  that  I  am  pleased  to  have  it  in 
my  power  to  tender  to  you  the  agency  contemplated  by 
the  Legislature,  and  deem  it  unnecessary  to  use  the  for- 
mality of  inquiring  whether  you  are  willing  to  accept  the 
appointment.  I  shall  therefore  herewith  enclose  to  you 
the  necessary  order  of  appointment,  which  will  suffice  as 
your  credentials  for  entering  upon  the  investigation  as 
soon  as  may  suit  your  convenience.  Any  prelirninary 
arrangements  which  may  be  deemed  necessary  will,  on 
my  part,  receive  prompt  attention.  Upon  the  reception 
of  this  an  answer  will  be  expected. 
I  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON   LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Jan'y  26,  1835. 
Hon.  Lewis  Cass, 

Washington,  D.   C. 

Sir : — I  regret  the  necessity  of  having  again  to  com- 
plain of  the  lawless  depredations  of  a  party  of  vagabond 
and  strolling  Creek  Indians  (who  yet  remain  in  the  State 
of  Alabama),  on  the  property  and  persons  of  some  of  the 
citizens  of  this  State,  who  reside  in  the  Counties  of  Lee, 
Irwin,  &c.  On  the  5th  day  of  Feb'ry  last  I  wrote  you  on 
this  subject,  and  had  the  honor  to  receive  your  satisfac- 
tory answer,  dated  the  17th  of  the  same  month.  Since 
that  time  there  has  been  but  little  disturbance  on  the  sub- 
ject, until  very  recently. 

I  have  learned  recently,  however,  through  communi- 
cations entitled  to  entire  credit,  that  the  scenes  described 
in  my  letter  above  referred  to  are  again  disturbing  the 
repose  of  the  country.  Indeed,  I  have  reason  to  believe 
that  several  lives  have  been  lost,  both  by  whites  and  In- 
dians, growing  out  of  the  intrusions  and  depredations  of 
these  savage  vagabonds  and  robbers.  If  anything  can 
be  devised  by  you  to  put  a  final  stop  to  these  evils,  it  will 
relieve  the  authorities  of  Georgia  from  the  painful  neces- 
sity of  resorting  to  the  severe  measures  of  chastisement 
which  the  growing  insolence  of  these  outlaws  calls  for. 

With  great  respect,  I  have  the  honor  to  be 
Yr.  obt.  servant, 

WILSON  LUMPKIN. 


304  REMOVAL  OF  THE  CHEROKEE 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  30,  1835. 
Gen'l  John   Coffee. 

Dear  Sir : — I  have  this  day  written  to  our  Senator  in 
Congress,  Mr.  King,  and  the  Secretary  of  War,  on  the 
subject  of  the  present  aspect  of  our  Indian  affairs.  The 
immediate  inducement  for  my  doing  so  originated  from 
having  seen  in  the  published  proceedings  of  the  Senate 
of  the  United  States  the  report  of  a  memorial  presented 
by  Mr.  Frelinghuysen,  of  New  Jersey,  in  the  name  of 
John  Ross,  on  the  subject  of  Cherokee  claims,  interest, 
&c.  The  assumptions  contained  in  this  memorial  cannot 
be  countenanced  for  a  moment  by  the  people  and  author- 
ities of  Georgia.  Without  reiterating  what  I  have  said 
to  the  gentlemen  named  on  this  subject,  you  and  our 
friend  Schley  will  please  excuse  me  for  referring  you  to 
Mr.  King,  and  request  him  to  show  you  my  letter.  You 
can  then  see  the  Secretary  of  War  and  the  President,  if 
you  find  it  convenient,  and  let  my  views  be  distinctly  un- 
derstood by  the  Executive  Department  of  the  Federal 
Government,  which  I  have  every  reason  to  believe  will 
concur  in  my  conclusions  on  this  subject.  I  should  like 
to  hear  from  you  and  Judge  Schley  on  this  or  any  other 
subject  of  interest,  and  have  the  honor  to  remain, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  30,  1835. 
Hon.  John  P.   King, 

Washington,    D.    C. 

Dear  Sir : — In  the  published  proceedings  of  the  Senate 
of  the  United  States  I  perceive  that,  on  the  21st  inst.,  Mr. 
Frelinghuysen,  in  presenting  the  petition  of  John  Ross, 
the  principal  manager  of  the  Cherokees,  and  who  is  under 
the  control  of  a  most  infamous  faction  of  selfish  white 
men,  amongst  other  things  stated  to  the  Senate  "that  the 
controversy  which  existed  between  the  Cherokees  and 
the  State  of  Georgia  had  reached  a  crisis,  which  required 
the  interposition  of  the  United  States.  They  proposed 
that  the  part  of  the  territory  which  they  occupied  should 
be  purchased  by  the  United  States  and  ceded  to  the  State 


INDIANS    FROM    GEORGIA.  305 

of  Georgia,  and,  as  to  the  rest  of  the  territory,  they  wished 
it  to  be  confirmed  to  the  Cherokees  in  fee  simple ;  that, 
under  this  state  of  things,  the  Cherokees  would  submit 
to  the  laws  of  the  State  of  Georgia,  provided  they  had 
conceded  to  them  those  equal  civil  and  political  rights 
which  were  conferred  on  other  citizens  of  Georgia,"  &c. 
Now,  sir,  I  feel  it  my  oflicial  duty  not  only  to  call  the  at- 
tention of  the  Senators  and  Representatives  of  the  people 
of  Georgia  who  represent  them  in  the  Congress  of  the 
United  States  at  this  time  to  this  deeply  interesting  sub- 
ject, but,  through  you,  most  respectfully  to  suggest  the 
expediency  of  the  Congress  of  the  United  States  being 
informed  at  once  what  is  the  true  state  of  the  question 
to  which  their  attention  has  been  invited  by  Ross  and 
his  friends  and  coimsel.  I  know  that  it  would  be  super- 
fluous for  me  to  enter  upon  the  details  of  this  subject, 
with  a  view  of  giving  any  new  light  or  information  to  the 
Georgia  delegation  on  this  subject.  Every  Georgian  of 
ordinary  information  is  familiar  with  the  whole  history  of 
this  subject.  Suffice  it  to  say  that  Georgia,  upwards  of 
thirty  years  ago,  ceded  to  the  United  States  the  garden 
spots  of  the  Union,  now  known  as  the  flourishing  States 
of  Alabama  and  Mississippi,  for  a  most  paltry  considera- 
tion, the  principal  part  of  which  was  that  the  Government 
was  bound  to  extinguish  the  Indian  title  to  the  residue 
of  the  lands  of  Georgia,  as  embraced  in  her  present  ad- 
mitted boundaries,  as  soon  as  it  could  be  done  on  reason- 
able and  peaceable  terms.  I  regret  the  necessity  of  say- 
ing that  the  United  States  has  been  wanting  in  good  faith 
to  Georgia  on  this  subject.  Instead  of  a  faithful  and  hon- 
est compliance  with  the  terms  of  this  compact,  some  one 
or  other  of  the  departments  of  the  Federal  Government 
have  constantly  aided,  if  not  created,  the  insurmountable 
obstacles  which  have  hindered  and  continue  to  hinder 
and  incapacitate  the  Government  from  a  faithful  compli- 
ance of  a  contract  deliberately  entered  into  with  one  of 
the  old  thirteen  States  of  this  Union. 

Bad  faith  and  the  want  of  honesty  on  the  part  of  the 
Federal  Government  have  alone  created  the  perplexities 
and  deep  injuries  with  which  Georgia  has  been  embar- 
rassed and  calumniated  on  account  of  her  Indian  popu- 
lation. Moreover,  to  the  same  cause  may  be  fairly  traced 
the  whole  of  the  unparalleled  assumptions  of  the  Chero- 
kee Indians  and  their  aiders  and  abettors  in  and  out  of 
this  State.  Finally,  the  assumptions  of  the  Cherokees, 
urged  on   as  they  were  by    a  desperate   political   faction. 


3o6  REMOVAL  OF  IHE  CHEROKEE 

forced  the  people  and  authorities  of  Georgia  to  take  the 
management  of  her  Indian  affairs  and  territory  under 
their  own  control.  And,  whatever  may  be  said  to  the  con- 
trary, more  has  been  accomplished  by  the  people  and  au- 
thorities of  this  State,  during  the  last  three  years,  towards 
a  final  and  advantageous  adjustment  of  all  these  long- 
standing conflicts  between  the  red  and  white  men  than 
has  been  accomplished  for  thirty  years  before.  In  the 
policy  which  has  been  pursued  by  Georgia,  not  only  has 
the  interest  of  the  State  and  its  citizens  been  greatly  ad- 
vanced and  promoted,  but  the  Indians  themselves  have 
been  enlightened  to  a  sense  of  their  true  interest.  They 
are  convinced  that  there  is  no  resting  place  for  the  foot 
of  an  Indian,  or  prosperity  in  store  for  them,  so  long  as 
they  remain  in  the  midst  of  a  white  population.  Their 
only  remaining  hope  of  salvation  is  by  turning  their  eyes 
to  the  West.  And  why  do  we  see  enlightened  men  en- 
gaged in  the  ruinous  work  of  keeping  these  people  back 
from  entering  the  promised  land?  They  will  not  let  the 
people  go  until  they  fleece  them  of  their  last  dollar. 

Ross  and  his  advisers  well  know  that  their  proposals 
to  Congress  are  wholly  inadmissible,  as  well  as  highly  in- 
sulting to  the  people  and  authorities  of  Georgia.  What 
right  has  the  United  States  to  cede  to  Georgia  her  own 
territory?  What  has  she  to  do  with  the  fee  simple  title 
to  lands  in  Georgia?  What  arrogance  on  the  part  of  Ross 
and  his  counsellors  to  propose  conditions  to  the  Congress 
of  the  United  States  upon  which  they  will  siibmit  to  the 
laws  of  Georgia  !  Now,  sir,  I  assure  you  that  there  is 
not  a  Cherokee  Indian  proper  within  the  limits  of  Geor- 
gia who  would  be  willing  to  become  a  citizen  of  the  State 
upon  any  terms  or  conditions  whatever.  The  object  of  the 
proposed  arrangement  is  twofold,  at  least.  First,  Ross 
and  his  counsellors  know  that  he  (Ross)  can  control  and 
dictate  to  the  whole  of  his  party  or  followers.  If,  there- 
fore, he  could  secure  to  them  fee  simple,  instead  of  oc- 
cupant rights,  he  and  his  lawyers  would  immediately 
make  their  fortunes  out  of  these  resources.  Secondly, 
They  know  such  an  arrangement  would  conflict  with  the 
existing  laws  of  Georgia,  as  well  as  the  rights  of  many 
of  the  citizens  of  the  State. 

With  the  favorable  opinion  which  I  entertain  of  the 
moral  rectitude  and  intelligence  of  Mr.  Frelinghuysen, 
and  many  others  who  are  evidently  the  dupes  of  Ross  and 
his  Georgia  counsel,  I  would  take  the  liberty  of  suggest- 
ing to  you  the  expediency  of  taking  some  pains  to  explain 


INDIANS    FROM    GEORGIA.  307 

this  whole  subject,  as  it  is,  to  such  individuals.  So  far 
as  Ross  is  concerned,  it  is  impossible  for  the  Federal  Gov- 
ernment to  effect  any  just  arrangement  with  him  on  this 
subject.  His  sole  object  is  to  provide  for  himself,  his 
counsel  and  his  friends.  You  are  at  liberty  to  make  any 
use  you  may  think  proper  of  this  communication.  I  shall, 
as  heretofore,  faithfully  endeavor  to  protect  the  legal 
rights  and  promote  the  best  interest  of  the  Indian  popu- 
lation who  yet  remain  in  Georgia  by  a  due  execution  of 
the  laws  of  the  State.  Submission  to  the  laws  of  the  State 
will  be  expected  from  every  caste  of  our  population,  with- 
out asking  the  consent  of  John  Ross,  or  his  counsel,  or 
even  the  Congress  of  the  United  States. 

I  am,  sir,  with  very  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Jan'y  30,  1835. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir: — Being  apprised  that  delegations  from  the  Chero- 
kee Indians  who  still  reside  in  Georgia  are  now  at  Wash- 
ington on  business  connected  with  their  territorial  and 
other  claims,  and  having  seen  a  statement  of  the  contents 
of  a  memorial  laid  before  the  United  States  Senate,  in 
the  name  of  Jno.  Ross  and  other  Cherokees,  I  think  proper 
to  communicate  to  you,  and  through  you,  to  the  Presi- 
dent, that,  anxious  as  the  people  of  Georgia  still  are  for 
a  final  adjustment  and  termination  of  all  conflicting  claims 
with  this  remnant  tribe  of  Indians,  neither  the  people  nor 
authorities  of  Georgia  can  ever  be  induced  to  accede  to 
the  arrogant  and  assuming  terms  proposed  by  Ross  and 
his  advisers  to  the  Congress  of  the  United  States.  Geor- 
gia can  never  submit  to  the  degradation  of  purchasing 
submission  to  her  laws,  within  her  own  limits  and  con- 
stitutional jurisdiction,  from  any  caste,  or  portion,  of  her 
population  whatever. 

The  occupant  rights  of  the  Indians  will  be  duly  re- 
spected ;  but  fee  simple  rights  will  not  be  granted  to  them 
under  any  conditions  whatever.  Ross  is  the  dictator  of 
his  party  amongst  the  Cherokees,  and  if  fee  simple  rights 
were  given  to  them,  he  and  his  counsel   would  derive  the 


3o8  REMOVAL  OF  THE  CHEROKEE 

entire  benefit.  I  most  ardently  desire  an  arrangement 
which  shall  benefit  the  whole  of  the  Cherokees,  and  for- 
ever and  at  once  put  to  rest  the  disquietudes  growing  out 
of  our  present  Indian  relations.  But  I  would  prefer 
things  remaining  as  they  are  to  an  arrangement  which 
would  increase  existing  evils. 
I  have  the  honor  to  be 

Yr.  obt.  servant, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  31st.  1835. 

Major  General  Daniel  McDougald, 

Columbus,  Ga. 
Sir : — For  years  past  a  portion  of  the  hunting,  vaga- 
bond, or  strolling  Creek  Indians,  who  still  remain  in  Ala- 
bama, have  been  in  the  habit  of  crossing  the  line,  and 
coming  over  to  our  State,  to  spend  the  cold  season  of  the 
year  for  hunting  and  other  more  villainous  purposes  of 
a  more  objectionable  character,  very  much  to  the  annoy- 
ance and  injury  of  our  sparsely  settled  population  in  the 
lower  part  of  your  Division,  and  other  adjoining  coun- 
ties. About  a  year  ago  the  evil  became  so  serious,  and 
the  complaints  of  the  people  so  urgent,  that  I  found  it 
necessary  to  take  efBcient  steps,  with  a  view  to  remove 
the  evil.  Amongst  other  measures,  I  urged  upon  the 
Secretary  of  War  the  duty  of  the  Federal  authorities  to 
take  care  of  their  own  Indians,  by  controlling  and  con- 
fining them  to  their  own  limits,  and  thereby  remove  the 
evils  complained  of  by  the  citizens  of  Georgia.  I  further 
suggested  to  the  Secretary  the  proper  use  of  the  United 
States  troops  stationed  at  Ft.  Mitchell  as  the  most  ef- 
ficient means  to  effect  the  desired  object.  The  Secretary 
of  War  approved  of  my  views,  and  the  evil  complained 
of  was  promptly  suppressed,  so  far,  at  least,  that  I  have 
heard  no  further  complaints  on  this  subject  from  our  citi- 
zens until  very  recently.  Within  the  last  ten  days,  how- 
ever, T  have  received  various  communications  from  a 
number  of  highly  respectable  citizens  of  the  Counties  of 
Stewart.  Lee,  Randolph,  and  others,  of  that  section  of  the 
State,  informing  me  of  increased  depredations  and  out- 
rages, accompanied  by  insolence  and  hostility  on  the  part 
of  these  vagabond  savage  robbers,  which  calls  for  the 
most  energetic  measures  which  can  be  devised  to  chas- 


INDIANS    FROM    GEORGIA.  309 

tize  the  offenders,  and  put  an  end,  if  possible,  to  these 
insufferable  depredations.  Several  engagements  have  al- 
ready taken  place  between  this  savage  band  and  our  suf- 
fering population  in  these  Counties,  in  which  I  deeply  re- 
gret to  learn  that  several  valuable  citizens  of  Georgia 
have  been  slain.  My  object  in  giving  you  these  brief  de- 
tails is  to  explain  to  you  the  necessity  of  the  call  I  now 
make  upon  you  for  your  official  aid  in  suppressing  these 
enormities.  And,  first,  permit  me  to  request  that  you  will, 
with  the  least  possible  delay,  obtain  an  interview  with 
the  officer  now  in  command  of  the  United  States  troops 
in  your  vicinity,  and  also  with  the  acting  agent  of  the 
Creek  Indians,  and  lay  before  them  the  existing  state  of 
things  as  herein  detailed  to  you. 

I  presume,  from  communications  heretofore  received 
from  the  Secretary  of  War  on  this  subject,  these  officers 
and  agents  of  the  Federal  Government  are  still  in  the  pos- 
session of  sufficient  orders  and  instructions  from  the  War 
Department  to  act  promptly  and  efficiently  in  this  busi- 
ness. At  any  rate  I  hope  they  are  and  will  be  disposed 
to  do  their  duty  with  all  practicable  despatch.  The  cir- 
cumstances call  for  the  most  prompt  and  energetic  meas- 
ures, for  the  people  of  Stewart,  Lee,  Randolph,  and  other 
Counties,  are  sending  expresses  to  me,  which  evince  a  state 
of  great  apprehension  and  alarm. 

I  sincerely  trust  that  the  officers  and  agents  of  the 
Federal  Government  will  do  their  duty  in  this  business, 
and  control  these  Indians  as  they  ought.  A  few  days  ago 
I  again  wrote  fully  to  the  Secretary  of  War  on  this  sub- 
ject. But,  to  prevent  further  alarm  and  mischief,  I  would 
advise  that  you  immediately  communicate  the  existing 
state  of  things  to  the  subordinate  officers  under  your 
command,  in  order  that  the  regimental  and  battalion  of- 
ficers in  the  exposed  counties  may  be  on  the  alert,  and 
ready  to  afford  what  assistance  they  may  be  able  to  com- 
mand in  case  of  any  emergency  which  may  occur.  You 
will  please  to  let  me  hear  from  you  as  soon  after  your 
interview  with  the  Federal  officers  as  practicable. 

I  have  the  honor  to  be 

Yrs.,  &c., 

WILSON  LUMPKIN. 


3IO 


REMOVAL  OF  IHE  CHEROKEE 


Executive  Department,  Ga., 
Milledgeville,  Jan'y  31st,  1835. 
To  A.  Prince  and  Wm.  H.  Dismukes,  Esqrs.,  and  other 
citizens  of  Stewart  and  adjoining  Counties. 

Gentlemen : — With  great  surprise  and  unfeigned  re- 
gret, I  have  read  the  statements  which  you  have  forward- 
ed to  me,  by  express,  detaihng  the  unsufferable  outrages 
and  depredations  which  have  been  committed  on  the  per- 
sons and  property  of  our  unoffending  citizens  by  a  stroll- 
ing and  vagabond  party  of  savage  Creek  Indians,  who 
seem  to  have  assumed  the  character  of  outlaws  and  rob- 
bers. As  far  as  I  can  command  the  means,  these  evils 
shall  be  suppressed  and  the  offenders  shall  be  punished. 

I  have  communicated  the  existing  state  of  things  to 
the  Secretary  of  War,  urging  the  duty  on  that  depart- 
ment of  the  Federal  Government  of  promptly  attending 
to  these  matters,  and  have  suggested  the  propriety  of 
using  the  United  States  troops  now  stationed  at  Fort 
Mitchell  for  that  purpose.  I  have  also  apprised  Maj. 
Gen'l  Daniel  McDougald  of  all  these  matters,  together 
with  my  views,  and  have,  moreover,  requested  him  im- 
mediately to  see  the  officer  who  commands  the  troops  at 
Fort  Mitchell  as  well  as  the  acting  agent  of  the  Creek 
Indians,  both  of  whom  I  am  apprised  have  heretofore  been 
instructed  by  the  Secretary  of  War  on  this  subject,  and 
urge  upon  them  the  necessity  of  energetic  and  immediate 
measures  being  taken  by  them  to  remedy  the  evils  of 
which  you  complain.  I  have,  moreover,  directed  Gen'l 
McDougald  to  apprise  the  subordinate  officers  of  his  com- 
mand to  be  prepared  to  protect  and  defend  the  citizens 
of  your  division  in  the  best  manner  that  can  be  devised, 
in  case  of  any  emergency,  while  more  stable  and  effectual 
operations  are  in  preparation.  In  the  meantime,  permit 
me  to  say  to  you  and,  through  you,  to  all  officers,  citizens 
and  soldiers  residing  in  the  exposed  section,  that,  in  order 
to  defend  the  persons  and  property  against  the  increasing 
and  alarming  depredations  of  this  lawless  banditti,  some 
well  devised  concert  of  action  should  be  immediately  or- 
ganized. If  it  is  deemed  necessary,  let  the  Colonel  or 
Colonels  of  the  regiment  or  regiments,  in  the  exposed 
section  immediately  call  into  requisition  such  portion  of 
the  militia  as  may  serve  to  keep  in  check  and  chastise,  if 
necessary,  these  abandoned  and  insolent  savages.  I  pre- 
sume a  sufficient  number  of  volunteers  may  be  procured 


INDIANS    FROM    GEORGIA. 


311 


for  this  temporary  service,  and  should  therefore  be  pre- 
ferred to  drafts.  Any  reasonable  expense  which  may  oc- 
cur will  justly  devolve  upon  the  Government,  and  with- 
out doubt  will  be  provided  for  by  the  Legislature.  While 
preparations  are  in  progress  to  suppress  and  exterminate 
these  robbers,  let  it  be  remembered  that  self-preservation, 
the  first  law  of  nature,  admonishes  every  good  citizen  to 
take  a  prompt  and  efficient  part  in  protecting  the  lives 
and  property  of  that  community  of  which  he  forms  a  com- 
ponent part.  You  may  be  assured  of  the  aid,  counten- 
ance and  support  of  the  Executive. 

Very  respectfully, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Feb'ry  9th,  1835. 
Gen'l  John  Coffee. 

Dear  Sir  : — From  the  information  which  I  daily  receive 
from  the  Cherokee  part  of  Georgia,  I  entertain  but  little 
doubt  of  the  success  of  the  late  legislation  of  Georgia  in 
conformity  with  my  views  (in  putting  grantees  in  the  pos- 
session of  their  land,  regardless  of  Hooper,  his  injunc- 
tions, and  feed  lawyers),  having  the  most  salutary  and 
happy  effect.  Indeed,  I  have  a  growing  confidence  that 
the  laws  can  and  will  be  so  administered  as  to  ensure  a 
happy  termination  of  our  Indian  affairs.  My  impressions 
will  be  strengthened  by  the  repeated  arrival  of  Cherokee 
delegations  at  Washington,  and,  whatever  may  be  the 
form  or  pretentions  set  forth  in  their  memorials  which 
have  been  presented  to  Congress,  yet  all  go  to  confirm 
the  fact  that  the  Cherokees,  as  well  as  the  people  of  Geor- 
gia, are  tired  of  the  long  controversy.  If  a  general  ar- 
rangement can  be  made  with  the  Cherokees,  Washington 
is  the  place  to  effect  and  conclude  it.  The  necessary  In- 
dian material  is,  and  will  be,  there ;  for  you  may  look  for 
Martin  shortly,  who  will  join  Ridge  and  his  party.  At 
any  rate,  I  protest  against  any  attempt  being  made  to 
treat  with  the  Cherokees  in  their  own  country,  by  com- 
missioners who  are  unfriendly  to  the  Federal  and  State 
administrations.  Such  a  step  would  be  most  injurious  to 
the  friends  of  the  country  and  Government.  We  should 
never  condescend  to  use  such  instruments  as  Underwood 
&  Co.,  while  we  have  plenty  of  honest  and  capable  men. 


312 


REMOVAL  OF  THE  CHEROKEE 


You  will  make  a  prudent  use  of  this   letter,  and  believe 
me  to  be, 

Verv  sincerely.  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Jan'y  31st,  1835. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir: — Since  writing  to  you  on  the  26th  inst.,  on  the 
subject  of  the  lawless  and  unsufiferable  depredations 
which  had  been  committed  by  a  strolling  party  of  the 
Creek  Indians  on  the  citizens  of  Georgia,  &c.,  I  have  con- 
tinued to  receive  additional  evidence  of  the  magnitude 
of  the  evils  complained  of,  and  also  the  hostile  spirit  of 
these  savages.  To  place  you  fully  in  possession  of  the 
information  which  I  have  received,  I  herewith  enclose  you 
copies  of  several  communications  which  have  been  receiv- 
ed at  this  department,  by  express.  I  trust  the  evidence 
now  laid  before  you  will  be  deemed  sufBcient  to  authorize 
prompt  and  efficient  measures  on  the  part  of  the  Federal 
authorities  to  relieve  the  citizens  of  Georgia  from  the 
numerous  depredations  of  this  miserable  band  of  fero- 
cious robbers. 

I  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Feb'ry  9th,  1835. 
Majr.  Benj.  F.  Curry, 

Spring  Place,  Ga. 

Sir : — I  thank  you  for  the  information  you  have  af- 
forded me,  by  the  hand  of  Mr.  McCoy.  I  have  sent  for 
Col.  Carter,  and  shall  endeavor  to  effect  the  arrangement 
which  you  propose  in  relation  to  Martin's  place ;  that  is, 
I  shall  entreat  Col.  Carter  to  accommodate  Martin,  with 
a  view  to  promote  the  public  interest.  I  concur  with  you 
in  the  opinion  that  Martin's  presence  and  influence  at 
Washington  can  effect  much  in  bringing  to  a  final  close 
our  Indian  perplexities.  Indeed,  your  general  views  in 
relation  to  our  Indian  affairs,  and  the  conspicuous  men 


INDIANS    FROM    GEORGIA. 


313 


connected  therewith,  generally  coincide  with  my  own.  I 
was  pleased  with  your  letter  to  the  President,  and  I  have 
just  written  him  on  the  subject  of  our  Indian  affairs,  in 
which  I  protest  against  the  appointment  of  the  enemies 
of  the  administration  as  Commissioners  to  adjust  and  set- 
tle our  Indian  affairs.  Indeed,  I  believe  if  an  arrange- 
ment can  be  made  at  all,  it  can  be  done  to  greater  advan- 
tage at  Washington  than  anywhere  else,  for  many  ob- 
vious reasons  which  will  no  doubt  occur  to  you. 

I  am,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Feb'ry  9th,  1835. 

Col.  Wm.  N.   Bishop, 

Spring  Place,  Ga. 

Dear  Sir : — Yours  of  the  2d  inst.  was  received  this 
morning,  by  the  hand  of  Mr.  McCoy.  You  can  readily 
believe  that  I  was  highly  gratified  to  learn  that  so  much 
success  has  thus  far  attended  your  agency  and  exertions 
to  bring  to  a  satisfactory  close  our  Indian  perplexities. 
I  entirely  approve  of  the  prompt,  energetic,  yet  mild, 
course  which  you  have  pursued.  Indeed,  its  good  effects 
must  now  be  obvious  to  the  whole  country,  as  the  Cher- 
okees  are  so  rapidly  changing  their  tone,  and  are  becom- 
ing more  and  more  reconciled  to  the  views  and  measures 
of  the  Government.  I  thank  you  for  the  various  items 
of  information  contained  in  your  letter  in  relation  to  our 
Indian  affairs,  some  of  v/hich  were  new  to  me,  and  will 
be  used  with  a  view  to  promote  the  best  interest  of  our 
State  and  country.  I  have  sent  for  Col.  Carter,  and  hope 
to  see  him  in  the  course  of  the  day,  and  shall  entreat  him 
to  enter  into  the  arrangement  proposed,  in  relation  to 
Martin's  place,  for  I  entirely  concur  with  you  in  believing 
that  his  presence  at  Washington  will  greatly  strengthen 
the  probability  of  effecting  a  final  arrangement  with  the 
Cherokees.  I  consider  Washington  the  proper  place  for 
making  the  arrangement,  for  many  strong  and  obvious 
reasons  which  might  be  named,  and  many  of  which  will 
no  doubt  occur  to  you.  Should  it  be  necessary,  however, 
to  attempt  making  a  treaty  in  the  Cherokee  country,  I 
have   and   shall  continue  to  protest  against   the  appoint- 


314  REMOVAL  OF  IHE  CHEROKEE 

ment  of  Commissioners  who  are,  or  have  been,  opposed 
to  the  measures  of  the  Federal  or  State  Governments, 
in  relation  to  Indian  or  other  matters.  I  have  no  confi- 
dence in  agents  of  such  character ;  and  as  to  Ross's  law- 
yers being  employed  in  such  agencies,  I  consider  the  idea 
most  preposterous,  and  therefore  wholly  inadmissible. 
The  interest  of  the  State  in  relation  to  our  Indian  affairs 
has  been  fully  dwelt  upon  in  my  communications  to  Wash- 
ington. Our  Congressmen,  as  well  as  the  Executive 
Government  of  the  United  States,  are,  and  shall  be,  kept 
constantly  apprised  of  my  views,  and  the  movements  of 
the  Cherokees  in  Georgia.  The  present  state  of  affairs 
is  well  understood  at  Washington  before  now.  I  hope 
you  will  continue  to  let  me  hear  from  you  frequently. 
I  am,  sir,  with  great  respect, 

Yr.  obt  servant, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Mill  edge  ville,  Feb'rv  loth,  1835. 
Col.  Wm.  N.  Bishop. 

Dear  Sir : — I  am  glad  to  have  it  in  my  power  to  in- 
form you  that  our  friend  Col.  Carter,  without  hesitancy, 
wrote  to  Judge  Martin,  by  Mr.  McCoy,  informing  him 
that  he  might  continue  to  occupy  his  place  the  present 
year,  by  paying  a  reasonable  rent,  and  provided  he  used 
his  influence  to  bring  our  Indian  affairs  to  a  final  issue, 
by  the  removal  of  the  Cherokees.  The  Colonel  also  in- 
formed me  that  he  should  accede  to  your  proposition,  in 
regard  to  the  place  occupied  by  your  brother,  and  should 
communicate  to  you  accordingly. 

Thus,  you  find  we  have  done  all  we  could  here  to  pro- 
mote your  views,  as  we  consider  them  connected  with  the 
public  interest. 

Very  respectfully, 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Feb'ry  12th,  1835. 
Col.  M.  St.  Clair  Clarke, 

Washington,  D.  C. 
Sir: — Your  letter  of  the  25th  ult.,  formally  accepting 
the  agency  tendered  to  you  by  me  under  the  authority  of 


INDIANS    FROM    GEORGIA.  315 

the  Legislature  of  Ga.,  for  prosecuting  the  claims  of  the 
State  on  the  United  States,  was  duly  received,  and  would 
have  been  answered  sooner  but  for  the  consumption  of 
time  which  we  found  necessary  to  comply  with  your  re- 
quest, in  making  a  full  and  satisfactory  examination  of 
the  records  of  the  Executive  Department  of  Georgia,  and 
preparing  the  documents  which  you  requested.  After 
full  examination,  and  mucli  reflection,  on  the  subject  of 
the  claim  of  the  State  which  you  have  undertaken  to  prose- 
cute, as  an  honest  man  I  find  it  my  duty  frankly  to  state 
to  you  that  the  further  I  have  investigated  the  subject 
the  more  I  am  inclined  to  the  conclusion  that  the  justice 
of  the  claim  is  more  than  doubtful. 

This  impression,  however,  arises  alone  from  the  docu- 
ments and  papers  which  I  herewith  enclose  to  you,  and 
which  are  taken  from  the  files  and  records  of  this  depart- 
ment. We  have  not  been  able  to  find  the  certificate  of 
John  Pierce,  dated  i8th  May,  1785,  for  $123,283.70,  or 
such  entries,  papers,  instructions,  or  correspondence  upon 
the  subject  of  this  certificate  as  it  appears  to  me  our  arch- 
ives ought  to  afiford.  We  send  you,  however,  such  papers 
and  correspondence  as  we  consider  best  calculated  to 
throw  clear  light  on  this  old,  and  now  much  obscured, 
subject,  regardless  of  selfish  considerations,  wishing  only 
that  justice  may  appertain  between  the  State  and  Federal 
Government.  But  for  the  letters  of  Mr.  Baldwin,  copies 
of  which  I  send  you,  I  should  most  fully  concur  with  you 
in  believing  this  claim  a  just  and  valid  one.  I  cannot, 
under  all  the  circumstances,  however,  comprehend  how 
Mr.  Baldwin,  in  1806,  could  arrive  At  the  conclusions 
which  he  did  in  his  letter  to  Governor  Milledge  of  that 
date,  if  a  fair  and  full  settlement  had  not  been  made  with 
the  State  for  her  advances  made  for  Revolutionary  serv- 
ices, &c.  As  soon  as  you  can  afford  the  time,  please  favor 
me  with  your  views  in  regard  to  Mr.  Baldwin's  letter  to 
the  Executive  of  Georgia,  and  any  further  impressions 
which  you  may  entertain  in  regard  to  this  subject.  I  re- 
gret the  delay  in  forwarding  these  papers,  but  it  has  been 
unavoidable. 

With  great  respect, 

Yr.  most  obt.  servt., 

WILSON  LUMPKIN. 


3l6  REMOVAL  OF  THE  CHEROKEE 

Executive  Department,  Ga., 

Milleds^eville,  Feb'ry  14th,  1835. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  had  the  honor  to  receive  your  letter  of 
the  7th  inst.,  in  which  you  request  that  I  will  designate 
some  State  officer  to  whose  charge  the  balance  of  the  ap- 
propriation of  $250,000  shall  be  intrusted,  and  that  meas- 
ures shall  be  taken  to  remit  the  same  on  the  reception  of 
my  order.  I  therefore  designate  Henry  W.  Malone, 
Cashier  of  the  Central  Bank  of  Georgia,  at  this  place,  as 
the  proper  officer  to  receive  said  amount  of  money,  to  be 
placed  to  the  cerdit  of  the  Governor  of  the  State  of  Geor- 
gia, and  his  successors  in  office,  for  the  purposes  intended 
by  the  acts  of  Congress  in  relation  to  the  same  ;  and  you 
will  please  to  consider  this  my  order  in  compliance  with 
your  suggestion.  I  have  to  request  that  such  views  and 
instructions  as  the  President  may  deem  necessary  may 
accompany  the  papers  connected  with  this  subject,  when 
forwarded  to  this  department. 

I  am,  sir,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Feb'ry  i8th,  1835. 
Hon.  John  Forsyth, 

Washington,  D.  C. 

Dear  Sir: — I  have  received  yours  of  the  loth  inst.,  and 
herewith  enclose  you  a  newspaper  which  contains  the  late 
act  of  the  Legislature  to  which  your  letters  refer,  from 
which  you  will  perceive  that,  so  far  as  the  execution  of 
the  law  depends  on  the  Excutive,  but  little  executive  dis- 
cretion is  confided  to  me  over  the  subject  pointed  out  in 
your  letter. 

Permit  me,  however,  to  assure  the  President,  through 
you,  that  I  have  taken  great  pains  to  prevent  any  just 
complaint  growing  out  of  the  execution  of  the  law.  More- 
over, broad  as  the  law  may  appear  to  those  who  are  un- 
informed in  regard  to  the  extent  of  its  operations,  I  as- 
sure you  that  it  will  interfere  with  the  interest  of  but  very 
few  of  the  Cherokees.     Its  chief  object  and  bearing  is  on 


INDIANS    FROM    GEORGIA. 


317 


Ross  and  a  few  of  his  co-workers  and  white  allies,  who 
were  reservers  under  former  treaties. 

Every  indulgence  and  lenity  has  been,  and  will  be,  ex- 
tended by  our  citizens  to  Martin  and  others  on  whom  the 
law  might  be  brought  to  bear,  and  who  are  believed  to 
be  honestly  disposed  to  bring  to  a  close  our  Indian  con- 
troversies, and  prevent  further  litigation.  Every  proper 
indulgence  will  be  extended  to  those  who  duly  respect  the 
authority  of  the  State. 

With  great  respect,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 

Milledgeville,  Feb'ry  17.  1835. 
P.  C.  Gieu,  Esq. 

vSir : — Your  remarks,  contained  in  your  papers  of  the 
I2th  and  13th  inst.,  upon  the  notice  which  issued  from  this 
department  in  relation  to  the  postponement  of  the  distri- 
bution of  the  Academy  and  Poor  School  Funds,  calls  for 
some  explanation,  both  on  account  of  your  repeated  no- 
tices of  the  subject  and  the  evident  misapprehensions  un- 
der which  you  are  laboring  in  regard  to  the  subject.  Noth- 
ing unkind  is  intended,  when  I  assure  you  that  your  zeal 
in  this  matter  has  carried  yon  beyond yo2ir  information. 

The  Executive  order  which  has  been  the  subject  of 
your  several  comments  was  intended  merely  as  a  notice 
that  the  funds  specifically  set  apart  by  law  for  the  support 
of  academies  and  poor  schools  (being  chiefly  derived  from 
the  profits  on  bank  stocks,  as  set  forth  in  your  paper  of 
the  13th),  had  not,  at  this  time,  amounted  to  a  sufficient 
sum  to  justify  the  usual  annual  dividend  applied  to  these 
schools.  The  amount  of  this  distribution  depends  in  a 
very  small  degree  on  the  will  of  the  Executive,  or  his 
judgment  and  discretion. 

The  Executive  is  simply  the  organ  of  the  Government, 
to  declare  the  dividend,  and  pay  the  distributive  share 
to  each  county ;  nor  has  he  the  power  to  make  it  one  dol- 
lar more  or  less.  Moreover,  the  law  for  the  distribution 
of  the  Poor  School  Fund  seems  not  to  have  been  left  to 
Executive  discretion  the  time  when  these  dividends 
should  be  declared,  inasmuch  as  it  provides  that  the  divi- 
dend is  to  be  declared  when  it  amounts  to  the  sum  of 
$20,000.  In  regard  to  academies,  the  law  is  silent  in  re- 
gard to  the  amount  which  shall  be  necessary  for  a  distri- 


3i8  REMOVAL  OF  THE  CHEROKEE 

butioii.  But  it  has  been  the  uniform  practice  of  all  my 
predecessors,  as  well  as  myself,  never  to  declare  a  dis- 
tribution of  these  funds  except  when  the  amount  was 
$20,000,  or  nearly  approached  to  that  sum. 

Under  the  act  of  the  Legislature,  passed  in  1822,  the 
first  distribution  took  place  in  March,  1823,  since  which 
time  an  apportionment  has  been  made  every  year,  ex- 
cept the  years  1827  and  1829.  Finding  from  experience 
that  the  investments  made  by  law  for  the  support  of  these 
schools  and  academies  were  somewhat  precarious,  de- 
pending, as  it  does,  entirely  upon  the  profits  of  those  in- 
vestments, and  being  fully  impressed  with  a  sense  of  the 
evils  which  you  seem  so  deeply  to  deplore,  you  will  find 
at  the  annual  session  of  the  Legislature  in  1833,  I  made 
it  the  subject  of  a  <^pecial  communication  to  the  General 
Assembly,  and  urged  the  necessity  of  a  legislative  rem- 
edy— which,  howev  r,  passed  unheeded.  For  three  years 
past  an  annual  divi'end  has  been  made  amongst  the  sev- 
eral counties  of  th's  State,  of  the  Academy  and  Poor 
School  Funds.  The  amount  distributed  from  each  fund 
has  been  about  $20,000  a  year.  At  the  beginning  of  the 
last  year  I  found  the  amount  which  had  accrued  upon  the 
school  funds  was  insufficient  to  make  the  usual  annual 
distribution.  It  was  therefore  postponed  until  May  last 
(1834).  when  we  were  able  to  distribute  the  usual  amount, 
having  received  the  first  half  year's  profit  on  the  vested 
school  funds  ;  consequently  these  funds  could  not  reason- 
ably have  been  expected  by  this  time  to  have  yielded  the 
amount  of  the  usual  annual  distribution.  And  the  object 
of  the  Executive  notice  which  has  given  you  so  much 
trouble  was  intended  to  notify  the  public  of  the  facts.  It 
may  be  proper  to  remark  that  the  tax  on  peddlers  and 
other  contingent  incomes  which  by  law  was  added  to  the 
Poor  School  Fund,  has,  from  recent  legislation,  become 
wholly  unavailable  in  keeping  up  the  former  amount  of 
this  fund. 

Believing  you  unwilling  intentionally  to  mystify  a  plain 
subject  to  the  injury  of  any  man,  public  or  private,  I  have 
been  induced  to  make  you  this  communication,  affording 
you  the  means  of  re-examining  and  comparing  your  pub- 
lic articles  with  this  plain  statement  of  facts. 

Very  respectfully,  I  am,  sir, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM   GEORGIA.  319 

Executive  Department,  Ga., 
Milledgeville,  Feb'ry  19th,  1835. 

Major  Gen'l  Daniel  McDougald, 

Columbus,  Ga. 

Sir: — I  have  just  received  a  communication  from  the 
Secretary  of  War,  in  reply  to  my  communications  to  that 
department,  on  the  subject  of  the  depredations  of  the 
Creek  Indians  on  our  citizens,  as  heretofore  communi- 
cated to  you  by  me.  The  President  of  the  United  States 
concurs  with  me  in  believing  that  he  has  no  power  over 
the  Indians  living  within  the  States  which  have  extended 
their  jurisdiction  over  them  ;  but  he  is  nevertheless  dis- 
posed to  afford  every  aid  and  protection  to  the  citizens 
of  the  States  which  may  be  in  his  power.  Therefore,  or- 
ders have  been  given  by  the  Secretary  of  War  to  the  com- 
manding officer  of  the  two  companies  of  the  United  States 
troops  in  the  Cherokee  Nation  to  proceed  to  Columbus, 
m  Georgia,  there  to  receive  and  carry  into  efifect  any  in- 
structions which  I  might  give  for  the  support  of  the  civil 
authority,  and  for  the  purpose  of  enabling  the  proper  of- 
ficers of  the  State  to  prevent  these  depredations,  and  to 
secure  the  offenders.  The  commanding  officer  of  these 
companies  has  been  directed  by  the  Secretary  of  War  to 
report  himself  to  me.  immediately  on  his  arrival  at  Co- 
lumbus. 

But,  in  order  to  save  time  and  expense,  I  have  thought 
proper  at  once  to  give  you  such  instructions  as  I  deem 
best  calculated  to  meet  and  dispose  of  the  present  state 
of  things.  As  before  stated,  I  fully  concur  with  the  Pres- 
ident that  he  has  no  power  over  the  Indians  in  the  States 
which  have  extended  their  laws  and  jurisdiction  over  them, 
and  therefore  fully  appreciate  his  good  intentions  in  plac- 
ing these  troops  at  my  disposal.  But  T  was  wholly  un- 
prepared to  anticipate  the  course  which  has  been  taken ; 
nor  have  I  made  any  communication  to  the  War  Depart- 
ment, requesting  this  kind  of  aid  to  the  State.  My  com- 
munications to  the  War  Department  have  set  forth  the 
complaints  of  our  citizens  against  the  Creek  Indians,  as 
they  exist;  and  I  have  urged  upon  the  Federal  authorities 
the  duty  of  taking  care  of  and  controlling  their  own  In- 
dians, to  wit :  the  Creeks  who  reside  on  the  territory  of 
the  United  States  ;  but  it  seems  that  whatever  is  done  in 
this  matter  is  to  be  done  by  State  authority,  and  you  are 
apprised  that  my  official  authority  does  not  extend  beyond 


320  REMOVAL  OF  THE  CHEROKEE 

the  limits  of  our  own  State  line.  Moreover,  we  need  no 
assistance  from  the  United  States  to  punish  these  vaga- 
bond Creeks  within  our  own  borders.  If  we  cannot  ap- 
prehend them  and  bring  them  to  punishment  before  the 
civil  authorities  of  the  State,  we  must  treat  them  as  out- 
laws and  robbers,  and  make  short  work  of  the  matter.  I 
had  supposed  that  the  United  vStates  might  use  their  own 
troops  to  keep  these  Indians  within  their  own  limits,  and 
in  that  way  relieve  our  citizens  from  further  annoyance 
and  injury,  and  that  these  troops  might  be  useful  in  ap- 
prehending such  Creeks  as  may  have  been  guilty  of  crimes 
in  Georgia,  and  thus  aid  in  bringing  the  guilty  to  legal 
punishment — provided  our  citizens  may  be  able  to  iden- 
tify such.  But  I  have  no  use  for  these  soldiers  in  Geor- 
gia, nor  have  I  any  right  to  direct  their  operations  in  the 
State  of  Alabama  on  the  soil  of  the  United  States.  I  have 
for  some  days  been  anxiously  expecting  to  hear  further 
from  our  citizens  of  the  exposed  counties,  when  I  have 
expected  to  learn  that  these  Indian  depredators  had  fled 
from  Georgia,  and  passed  over  into  the  State  of  Alabama 
— indeed,  I  have  verbal  information  from  travelers  to  that 
eflfect.  Fullv  appreciating  the  good  intentions  of  the  Fed- 
eral authorities  in  this  matter,  I  feel  bound  and  disposed 
to  treat  the  public  authorities,  as  well  as  the  officers  and 
men  intended  to  be  placed  under  my  authority,  with  every 
mark  of  respect  and  politeness  ;  but  I  cannot,  under  the 
circumstances  which  I  have  explained  to  you,  accept  of 
the  honor  proposed,  and  therefore  have  to  request  the 
favor  of  you  to  communicate  these  my  views  to  the  com- 
manding officer  of  these  troops,  as  soon  after  his  arrival 
at  Columbus  as  may  suit  your  convenience.  You  will 
also  please  to  inform  that  officer  that  I  shall  immediatelv 
inform  the  Secretary  of  War  of  my  determination  in  re- 
gard to  this  matter,  and  request  that  his  immediate  orders 
may  be  given  to  the  commanding  officer  at  Columbus. 
T  have  the  honor  to  be,  very  respectfully, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department.  Ga., 
Milledgeville,  Feb'ry  19th.  1835. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  had  the  honor  to  receive  your  letter  of 
the  nth  inst. 


INDIANS    FROM    GEORGIA.  321 

I  most  fully  concur  with  the  President  in  the  opinion 
so  often  expressed  by  him  that  he  has  no  power  over  the 
Indians  being  within  the  States  which  have  extended  their 
jurisdiction  over  them,  and  fully  appreciate  his  desire  to 
protect  the  citizens  of  Georgia  from  the  anoyance  and 
depredations  of  the  Creek  Indians,  which  has  so  often 
been  a  subject  of  complaint.  Moreover,  I  duly  appreciate 
the  good  intentions  which  have  induced  you  to  order  the 
commanding  officers  of  the  two  companies  of  the  United 
States  troops  in  the  Cherokee  Nation  to  proceed  to  Co- 
lumbus, in  Georgia,  there  to  receive  and  carry  into  effect 
any  instructions  I  may  give  for  the  support  of  the  civil 
authority,  &c.  Nevertheless,  under  the  actual  existing 
state  of  things  at  this  time,  I  have  no  use  for  the  troops 
thus  kindly  placed  at  my  disposal.  Had  these  troops  been 
at  Columbus,  at  the  time  the  depredations  complained  of 
were  committed  on  the  citizens  of  Georgia,  they  might 
have  been  used  efficiently  and  to  great  advantage  in  ap- 
prehending these  Indians  ;  but  at  this  time  I  have  reason 
to  believe  that  most,  if  not  all,  of  these  Indians  have  re- 
crossed  the  Georgia  line,  and  are  now  in  the  State  of  Ala- 
bama, and  what  is  more  to  be  deplored  is  that  we  have 
not  the  means  of  identifying  the  guilty  in  but  very  few 
instances.  The  object  of  my  communications  heretofore 
made  to  you  on  this  subject  has  been  to  urge  upon  the 
Federal  authorities  to  take  care  of  the  Indians  supposed 
to  be  in  some  degree  under  Federal  control  and  influ- 
ence, and,  if  practicable,  to  restrict  them  to  their  own 
bounds,  and  the  soil  of  the  United  States  Government. 
If  this  cannot  be  done  by  Federal  authority,  it  is  obvious 
that  the  action  of  the  authorities  of  Georgia  must  be  con- 
fined to  the  limits  of  the  State,  and  that  I  have  no  use  for 
troops  in  Georgia  at  present.  I  have  already  adopted 
temporary  measures,  to  be  resorted  to  for  the  protection 
of  our  exposed  citizens ;  and,  if  these  strolling  Creeks 
continue  to  annoy  the  citizens  of  Georgia,  I  perceive  that 
we  must  take  care  of  ourselves,  and  they  must  abide  the 
consequences  for  their  crimes.  Permit  me,  sir,  however, 
to  repeat  the  assurance  of  my  confidence  in  the  disposi- 
tion of  the  President  and  yourself  to  aflford  every  relief 
in  your  power  to  the  exposed  citizens  of  Georgia,  and  to 
suggest  the  expediency  of  the  companies  which  you  have 
ordered  to  Columbus  remaining  in  the  neighborhood, 
for  a  short  time  at  least,  subject  to  my  instructions,  in  the 
event  of  any  occurrence  which  may  demand  their  serv- 
ices.    Should  these   Indians   again  disturb  the  repose   of 


322  REMOVAL  OF  IHE  CHEROKEE 

the  citizens  of  Georgia,  in  the  course  of  the  approaching- 
spring-,  these  troops,  being  in  the  vicinity,  might  be  used 
efficiently,  and  without  loss  of  time,  in  apprehending  the 
guilty.  Moreover,  if  we  can  identify  those  who  have  al- 
ready cornmitted  crimes,  the  troops  might  be  useful  in 
apprehending  and  bringing  to  justice  these  fugitives,  now 
supposed  to  be  in  the  State  of  Alabama. 

Through  Maj.  Gen'l  Daniel  McDougald,  who  resides 
at  Columbus,  in  Georgia,  the  officer  commanding  the 
United  States  troops  will  be  requested  to  await  your  fur- 
ther orders  in  that  neighborhood.  At  the  same  time,  re- 
ceive the  necessary  explanations,  and  be  assured  of  the 
respectful  consideration  of  the  authorities  of  Georgia. 

I  have  the  honor  to  be,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 
Milledgeville,  Feb'ry  23d,  1835. 


Col.  H.   R.  Ward. 


Sir: — Being  apprised  that  you  are  about  to  leave  this 
place  for  the  southwestern  border  of  Georgia,  and  your 
being  aware  of  the  various  and  contradictory  reports 
which  have  reached  this  department,  in  regard  to  the  in- 
trusions and  depredations  of  the  Creek  Indians  on  our 
sparsely  settled  population  in  the  Counties  of  Lee,  Stew- 
art, &c.,  I  very  gladly  avail  myself  of  the  opportunity  of 
procuring  your  services  to  the  State,  in  taking  upon  your- 
self the  duty  and  trouble  of  procuring  and  communicat- 
ing to  this  department  all  such  information  as  may  enable 
me  to  take  a  just  view  of  the  subject  and  form  a  correct 
opinion  in  regard  to  the  measures  which  may  be  proper 
for  me  to  adopt,  in  order  to  relieve  our  citizens  of  this 
exposed  section  of  the  State  from  further  annoyance  from 
these  strolling  savages,  of  whose  depredations  they  have 
so  often  complained. 

First.  I  would  desire  to  be  informed  whether  the  In- 
dians complained  of  consist  of  those  who  have  been  in  the 
habit  of  coming  over  into  Georgia  for  the  purpose  of 
drinking  or  trading  with  our  white  population  ;  or  whether 
they  are  of  that  class  of  Indians  who  have  but  little  inter- 
course with  the  whites,  and  who  depend  on  hunting,  and 
other  savage  pursuits,  to  procure  subsistance? 


INDIANS    FROM    GEORGIA.  323 

Second.  I  would  desire  to  know  whether  the  In- 
dians complained  of  are  chiefly  such  as  remain  for  a  con- 
siderable length  of  time  in  Georgia,  under  the  pretence 
of  hunting,  &c.,  or  whether  they  are  composed  of  those 
who  come  over  to  trade,  &c.,  with  our  population? 

Third.  What  has  been  the  largest  number  of  these 
Creeks  known  to  have  taken  up  camp  in  Georgia,  with 
a  view  of  remaining  a  considerable  time,  at  any  one  place ; 
and  how  far  they  have  advanced  into  the  State  for  that 
purpose? 

Fourth.  What  amount  of  property  have  these  Indians 
taken,  destroyed,  or  carried  away  from  our  citizens  ;  and 
from  whom? 

Fifth.  What  personal  injuries  have  they  committed 
on  our  citizens,  such  as  murders,  wounding,  &c.  ? 

Sixth.  Have  the  Indians  at  this  time  all  left  the  State ; 
or  are  there  any  at  present  believed  to  be  encamped  on 
our  territory?     If  yea,  where? 

Seventh.  Do  our  citizens  encourage  the  Indians  to 
come  over  and  trade,  or  not?  And  would  they  desire  a 
strict  enforcement  of  the  statute  of  the  State,  passed  some 
years  ago.  to  prevent  their  intercourse  with  the  citizens 
of  our  State? 

Eighth.  After  obtaining:  all  the  information  you  can 
on  the  subject,  will  you  please  to  communicate  to  me 
your  opinion  in  regard  to  the  necessity  of  military  force 
to  restrain  these  Indians  from  further  depredations.  If 
you  should  deem  military  force  necessary,  please  to  de- 
fine the  manner  and  places  when  this  force  can  be  em- 
ployed to  most  advantage.  If  you  should  come  to  the 
conclusion  that  the  evils  complained  of  can  be  suppressed 
by  a  rigid  enforcement  of  our  existing  laws,  and  a  faith- 
ful co-operation  on  the  part  of  the  Creek  Agent  of  the 
United  States,  now  residing  in  the  Creek  country,  aided, 
as  he  probably  will  be,  by  the  Creek  chiefs,  I  should  like 
for  you  to  communicate  that  opinion  to  me.  If  the  In- 
dians who  have  committed  crime  can  be  identified,  so  as 
to  authorize  a  demand  of  the  guilty  beingf  made,  I  am  de- 
sirous that  it  should  be  done  without  delay. 

You  perceive,  sir,  my  object  is  correct  and  general 
information  on  the  subject,  and  I  shall  anxiously  await 
your  report. 

.1  am,  sir,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


324  REMOVAL  OF  THE  CHEROKEE 

Executive  Department,  Ga., 
Milledgeville,  Feb'ry  27th,  1835. 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  herewith  enclose  you  a  copy  of  a  letter  received 
this  morning  from  Maj'r  Gen'l  Daniel  McDougald,  of 
Columbus,  Ga.,  which  coincides  with  my  views  on  the 
subject  of  the  Creek  Indians,  upon  which  it  is  written. 

I  regret  the  necessity  of  so  often  troubling  you  on  the 
subject  of  our  Indian  embarrassments,  but  I  consider  it 
my  duty  to  keep  you  constantly  advised  upon  a  subject 
of  so  much  importance  to  the  country,  and  upon  which 
our  constituents  feel  so  deep  an  interest. 

I  have  the  honor  to  be,  with  great  respect, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  27  Feb'ry,  1835. 
Major  General  Dan'l  McDougald, 

Columbus,  Ga. 

Sir : — T  have  had  the  honor  to  receive  your  favor  of 
the  2ist,  and  fully  coincide  with  the  views  which  you  have 
submitted  in  relation  to  the  Creek  Indians,  and  shall, 
without  delay,  forward  a  copy  of  your  letter  to  Washing- 
ton, to  be  laid  before  the  President  of  the  United  States, 
which  will  no  doubt  be  useful  at  this  moment,  and  greatly 
strengthen  the  communications  heretofore  made  by  me 
on  this  subject.  We  shall  never  be  wholly  exempt  from 
the  annoyance  of  the  Indian  population,  so  long  as  a  rem- 
nant remains  in  the  States. 

You  have  doubtless  discovered,  from  my  communica- 
tions to  you  on  the  subject  of  the  depredations  of  the 
Creeks,  that  I  have  been  at  a  loss  to  determine  on  a  defin- 
ite course  of  measures  to  meet  the  present  state  of  things. 
This,  sir,  has  arisen  from  the  fact  that  the  information 
received  at  this  department  has  been  so  vague  and  con- 


INDIANS    FROM    GEORGIA.  325 

tradictory  that  I  have  really  been  at  a  loss  to  form  a  de- 
cided opinion  in  regard  to  the  prospects  before  us  rela- 
tive to  these  Creek  Indians. 

Moreover,  I  am,  and  have  been,  embarrassed  by  rea- 
son of  the  anomalous  situation  in  which  these  Indians  are, 
and  have  been  placed. 

It  is  difficult  to  determine  to  what  government  they 
are  accountable.  The  President  denies  the  jurisdiction  of 
the  Federal  Government  over  them.  The  State  govern- 
ments are  restricted  to  their  own  limits,  and  the  Indians 
seem  to  consider  themselves  vagabonds  and  outcasts, 
without  law,  and  without  rule,  or  guide. 

From  your  contiguity  to  the  scenes  of  complaint,  you 
are,  no  doubt,  able  to  form  a  more  correct  opinion  as  to 
the  most  expedient  measures  than  any  one  at  a  distance. 
I  shall,  therefore,  consider  it  a  public  favor  if  you  will 
keep  me  fully  any  freely  advised  of  your  views,  in  regard 
to  the  best  measures  which  can  be  devised  by  me  to  meet 
such  exigencies  as  may  occur. 

In  order  to  obtain  correct  information  from  the  ex- 
posed counties,  I  have  sent  my  Aide-de-Camp,  Col.  Ward, 
to  that  section,  with  instructions,  in  detail,  to  procure  and 
forward  correct  information  to  this  department.  In  the 
meantime.  I  should  like  for  the  United  States  troops  (if 
they  arrive)  to  continue  in  the  vicinity  of  Columbus  until 
I  hear  from  Col.  Ward. 

While  I  am  disposed  carefully  to  protect  the  persons 
and  property  of  our  exposed  citizens,  I  do  not  like  the 
idea  of  any  unnecessary  parade  over  small  matters.  I 
have  thought  that  a  faithful  execution  of  the  existing 
laws  of  the  State,  to  prevent  the  intrusion  of  the  Creek  In- 
dians, might  probably  put  a  stop  to  further  depredations, 
until  they  can  be  removed  to  the  West.  I  am  fully  as- 
sured of  the  President's  earnest  anxiety  to  remove  the 
whole  of  the  remnant  tribes  from  the  States  with  all  prac- 
ticable dispatch :  but,  like  myself,  he  encounters  opposi- 
tion at  ever}^  step,  and  every  attempt  to  promote  the  pub- 
lic interest  is  embarrassed  with  opposition. 

I  have  the  honor  to  be 

Yr.  obt.  servt.. 

WILSON  LUMPKIN. 


326  REMOVAL  OF  IHE  CHEROKEE 

Executive  Department,  Ga., 
Milledgeville,  March  6,  1835. 
Henry  W.  Malone,  Esq. 

Dear  Sir : — Your  letter  informing  me  that  the  present 
state  of  your  health  renders  it  altogether  impracticable 
for  you  to  continue  to  discharge  the  duties  of  the  oiifice 
of  Cashier  of  the  Central  Bank  has  been  received. 

Considerations  connected  with  the  public  interest  in- 
duced me  to  feel  a  deep  interest  in  your  continuance  in 
ofifice  to  the  close  of  my  administration,  at  least ;  but  the 
dispensation  which  creates  this  vacancy  in  the  public  serv- 
ice demands  from  us  a  spirit  of  calm  submission.  With- 
out a  spirit  of  irreverence  to  Divine  dispensations,  I  may. 
however,  be  permitted  to  say  your  loss  from  the  public 
service  will  be  deeply  felt  by  all  that  portion  of  your  fel- 
low citizens  who  are  connected  with  you  in  the  public 
service,  as  well  as  by  a  large  portion  of  the  community 
who  have  so  long  witnessed  your  unwavering  fidelity  and 
integrity  of  character,  in  the  discharge  of  every  duty,  pri- 
vate and  public. 

The  highest  earthly  reward  of  a  well-spent  life  is  the 
approbation  of  the  generation  for  whose  benefit  our  lives 
have  been  spent ;  this  may  well  be  your  present  consola- 
tion. And  I  trust,  my  dear  sir.  a  more  desirable  reward 
and  inheritance  awaits  you. 

I  am,  very  sincerely, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 
Milledgeville,  March  14th,  1835. 


Hon.  Lewis  Cass. 


Sir : — I  have  had  the  honor  to  receive  your  letter  of 
the  2d  inst.  The  papers  in  relation  to  the  claims  of  the 
citizens  of  Georgia,  confided  to  the  care  of  Col.  Foster, 
have  not  yet  been  received,  but,  when  received,  shall  be 
duly  acknowledged. 

The  copy  of  the  letter  of  the  2d  Auditor,  which  accom- 
panied yours,  showing  the  amount  which  has  been  hereto- 
fore remitted  to  my  predecessors,  for  the  purpose  of  be- 


INDIANS    FROM    GEORGIA.  327 

ing  applied  to  these  claims,  as  well  as  the  balance  which 
has  been  remitted  by  the  Secretary  of  the  Treasury  to 
Henry  W.  Malone,  Esq.,  Cashier  of  the  Central  Bank 
of  Georgia,  at  this  place,  corresponds  with  the  records  of 
this  department,  and  is  therefore  satisfactory;  and  Mr. 
Malone  has  received  the  necessary  check  for  the  amount 
now  due. 

The  President  having  confided  the  adjustment  and  set- 
tlement of  these  claims  to  my  discretion  and  judgment, 
you  will  please  assure  him  that  a  sufficient  portion  of  my 
personal  attention  shall  be  devoted  to  the  subject  to  en- 
sure the  ends  of  justice,  as  contemplated  by  the  act  of 
Congress  which  must  be  my  guide.  It  will  be  indispen- 
sable, however,  for  me  to  procure  the  assistance  of  a  com- 
petent and  well  qualified  individual  of  character  to  assist 
in  the  investigation  and  adjustment  of  these  claims,  as 
no  such  individual  is  officially  attached  to  this  depart- 
ment who  can  spare  the  time  from  other  official  duties. 

I  have  the  honor  to  be 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 
Milledgeville,  March  14th,  1835. 
Hon.  L.   Cass, 

Secretary  of  War. 

Sir : — I  have  had  the  honor  to  receive  your  letter  of 
the  28th  ult.,  informing  me  you  had  given  orders  for  the 
two  companies  of  the  United  States  troops  ordered  to 
Columbus,  Ga.  to  be  stationed  for  the  present  at  Fort 
Mitchell.  I  approve  of  this  arrangement,  as  I  entertain 
no  doubt  of  its  having  a  favorable  efifect  on  the  conduct 
of  the  Creek  Indians,  if  we  should  find  no  active  service 
for  them. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


328  REMOVAL  OF  THE)  CHEROKEE 

Executive  Department,  Ga., 

Milledgeville,  i6th  March,  1835. 

Rev.  E.  Sinclair. 

Sir: — Having  been  apprised  of  your  willingness  to 
accept  the  appointment  of  Commissioner  to  receive  and 
apply  the  fund  appropriated  by  the  General  Assembly  for 
the  education  of  the  deaf  mutes  in  this  State,  I  take  pleas- 
ure in  presenting  you  herewith  the  order  of  your  appoint- 
ment, together  with  a  copy  of  the  resolutions  of  the  Leg- 
islature under  which  it  is  made.  I  also  present  you  with 
on  Public  Education  and  Free  Schools,  in  relation  to  the 
subject,  which  was  adopted  by  the  late  Legislature,  and 
which  contains  much  valuable  information  that  may  aid 
■<'OU  in  the  performance  of  the  duties  connected  with  your 
agency.  You  will,  as  the  occasion  may  require,  draw 
from  the  Treasury,  by  warrant  from  this  department,  such 
sums  as  may  be  found  necessary  to  efifect  the  object  con- 
fided to  your  superintendence. 

I  am,  sir, 

Yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  March  i6th,  1835. 

Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  this  day  received  the  trunk  of  papers, 
confided  to  the  care  of  Col.  Foster,  on  the  subject  of  the 
claims  of  the  citizens  of  Georgia,  under  the  Creek  Treaty 
of  1821.  As  soon  as  the  papers  referred  to  shall  be  com- 
pared with  the  schedule  furnished  by  Peter  Hagner,  Esq.. 
Third  Auditor,  a  formal  acknowledgment  shall  be  made 
to  that  officer. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA.  329 

Executive  Department,  Ga., 
Milledgeville,  March  17,  1835 
John  A.  Cuthbert,  Esq. 

Sir : — The  President  of  the  United  States  having  thought 
proper  to  commit  to  my  judgment  and  discretion  the  final 
adjustment  of  the  claims  of  the  citizens  of  Georgia,  provided 
for  by  act  of  Congress  of  the  30th  of  June,  1834,  to  carry 
into  effect  the  Fourth  Article  of  the  Treaty  of  the  8th  of 
January,  1821,  with  the  Creek  Indians:  In  order,  therefore, 
to  carry  efifect  the  provisions  of  the  act  and  Treaty  referred 
to,  which  is  so  deeply  interesting  to  many  of  the  citizens  of 
Georgia,  after  due  consideration,  I  have  deemed  it  indis- 
pensably necessary  to  confide  the  most  laborious  and  impor- 
tant part  of  this  business  to  some  individual  who  may  be 
highly  qualified  for  this  complicated  and  difficult,  yet  inter- 
esting, duty — of  investigating  these  claims  upon  principles 
of  justice  and  impartiality,  duly  regarding  the  provisions  ol 
the  law  under  which  the  claims  are  to  be  adjusted;  and  have, 
therefore,  this  day  appointed  you  Commissioner  for  that 
purpose,  and  you  will  herewith  receive  the  order  of  your 
appointment.  You  will  also  receive  from  my  secretary,  ]\Ir. 
Greene,  a  trunk  of  papers,  transmitted  to  this  Department 
from  the  Executive  Department  of  the  Federal  Government 
at  Washington ;  also  all  such  records  and  documents  as  the 
archives  of  this  Department  will  afford,  and  which  may  be 
calculated,  in  connection  with  the  papers  received  from 
Washington,  to  put  you  in  possession  of  every  important 
fact  connected  with  these  claims.  You  are  apprised  of  the 
public  notice  which  I  have  caused  to  be  given  to  claimants 
of  the  arrangements  now  in  progress  for  the  final  adjustment 
of  their  claims,  with  a  request  that  all  further  claims  which 
have  not  heretofore  been  presented  should  be  laid  before 
this  Department  without  delay.  When  we  take  into  view 
all  the  circumstances  under  which  these  claims  have  origi- 
nated, and  the  procrastination  and  obstructions  which  have 
heretofore  been  placed  in  the  way  of  every  attempt  at  a 
final  adjustment,  we  ought  not  to  be  surprised  at  any 
derangement  or  confusion  which  may  obscure  many  of  these 
claims,  in  the  form  of  their  presentation.  Therefore,  while 
some  settled  rule  of  presentation  and  testimony  may  be 
necessary  to  secure  the  ends  of  justice  and  impartiality,  I 
nevertheless  deem  it  necessary  and  expedient  to  exercise  a 
patient  attention  to  every  description  of  claims  contemplated 
under  the  late  act  of  Congress,  and  to  receive  and  examine 


330  REMOVAL  OF  THE  CHEROKEE 

the  best  testimony  which  the  nature  of  the  case  will  admit 
of,  when  properly  taken  by  affidavits  before  a  competent  civil 
officer.  I  shall  expect  you  to  keep  a  fair  and  satisfactory 
record  of  your  proceedings  and  decisions,  and  report  the 
same  to  me  for  my  approval,  before  the  claims  are  paid. 
Every  thing  which  can  be  done  to  expedite  this  business  is 
very  desirable  indeed — especially  when  we  take  into  consider- 
ation the  long  delay  w^hich  has  hitherto  attended  their  prose- 
cution, the  frequent  disappointments  which  the  claimants 
have  encountered,  and,  finally,  that  none  can  receive  their 
dues  until  the  whole  are  adjusted.  I  consider  it  my  duty  not 
only  to  afiford  you  all  the  facilities  of  the  records  and  files 
of  this  Department,  but  at  all  times  it  will  afford  me  pleasure 
to  confer  with  you  freely  and  fully  upon  all  matters  connected 
with  the  prosecution  of  your  agency.  Therefore,  anything 
of  importance  which  may  have  been  omitted  in  this  hasty 
communication  can  at  any  time  be  supplied  in  personal  inter- 
views, or  by  writing,  as  you  may  think  best. 

A  suitable  and  adequate  compensation  for  your  services 
may,  without  doubt,  be  expected,  the  payment  of  which  will 
necessarily  and  properly  devolve  on  the  Federal  Govern- 
ment. But  I  am  not  authorized  to  say  what  the  precise 
amount  of  that  compensation  will  be,  relying,  however,  that 
it  will  be  proportionate  to  the  importance  and  advancement 
of  your  labors. 

I  am,  sir,  with  great  respect, 

Yr.  Obt.  Servt., 

WILSON   LUMPKIN. 

Executive  Department  Headquarters, 
Milledgeville,  Ga.,  March  21st.,  1835. 
Lieut.  E.  Phillips,  Fourth  Infantry, 

Fort  Mitchell,  Alabama. 
Sir: — I  have  received  yours  of  the  i8th  inst.,  reporting 
to  me  your  arrival  at  Columbus,  in  command  of  two  com- 
panies of  the  United  States  troops,  in  obedience  to  the  orders 
of  the  Adjutant  General  of  the  United  States,  and  that  you 
now  await  my  instructions,  etc.  Such  orders  and  instruc- 
tions as  may  be  deemed  expedient  you  will  receive  through 
Maj.  Gen.  D.  McDougald,  of  Columbus,  whom  I  have 
selected  to  carry  into  effect  my  views,  etc. 
Very  respectfully,  sir,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS   FROM   GEORGIA. 


331 


Executive  Department,  Ga., 
Milledgeville,  March  21st.,  1835. 
Maj.  Gen.  Daniel  McDougald, 

Columbus,  Ga. 

Sir : — I  have  had  the  honor  to  receive  your  favor  of  the 
17th  inst.  The  same  mail  reported  to  me  the  arrival  at 
Columbus  of  Lieut.  E.  Phillips,  in  command  of  two  com- 
panies of  United  States  troops  who  are  now  awaiting  my 
instructions  or  commands  at  Fort  Mitchell.  After  due  reflec- 
tion, I  have  deemed  it  most  expedient  to  notify  Lieut. 
Phillips  that  he  would  receive  through  you  such  orders  and 
instructions  as  may  be  deemed  proper ;  and  herewith  enclose 
for  your  inspection  my  communication  to  him,  which  you  will 
please  to  transmit  to  him. 

You  will,  therefore,  perceive  that  I  have  confided  to  your 
judgment  and  discretion  all  the  authority  which  I  have  a 
right  to  exercise  in  the  command  and  use  of  these  troops, 
to  prevent  further  depredations  being  committed  upon  our 
citizens  by  the  Creek  Indians  complained  of.  The  place  of 
your  residence  and  contiguity  to  the  scene  of  complaint  I 
trust  will  be  a  sufficient  justification  for  my  desiring  to  place 
this  duty  upon  you.  My  general  views  coincide  with  those 
submitted  in  your  letter. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  March  23d,  1835. 

To  Messrs.  Tomlinson  Fort,  Richard  K.  Hines  and  Robert 
McComb,  President  and  Directors  of  the  Central  Bank  of 
Georgia. 

Gentlemen : — Justice  to  myself,  and  to  prevent  misap- 
prehension on  the  part  of  others,  induce  me  to  lay  before 
you,  in  writing,  my  views  in  connection  with  the  subject  of 
filling  the  vacancy  of  Cashier  of  the  Central  Bank,  occasioned 
by  the  resignation  of  Mr.  Malone. 

By  law,  the  duty  of  filling  said  vacancy  devolves  on 
you,  and  I,  therefore,  disclaim  all  right  of  dictating  to  you 
in  making  the  appointment.  It  may  not,  however,  be 
improper  for  me  to  remark  that  the  official  relation  in  which 
you  stand  to  myself  in  connection  with  this  subject  makes 
me  responsible  to  my  constituents  for  your  official  act,  and 
I,  therefore,  take  the  liberty  of  suggesting  to  you  my  views. 


332  REMOVAL  OF  THE  CHEROKEE 

without  reserve.  As  1  have  stated  to  you  in  conversation, 
I  now  repeat :  That  I  have  no  name  to  offer,  or  individual 
to  recommend.  Our  first  and  only  consideration  should  be 
to  secure  the  public  interest,  and  thereby  secure  the  public 
confidence  and  approbation. 

Since  this  vacancy  occurred,  much  has  already  transpired 
to  impress  my  mind  with  the  great  difficulty  which  you  have 
to  encounter  in  a  faithful  discharge  of  the  duty  which  now 
devolves  on  you. 

If  the  choice  is  to  be  made  from  amongst  the  applicants 
who  reside  in  this  town,  permit  me  to  say  my  personal 
feelings  are  kind  towards  them  all,  and  that,  from  all  the 
circumstances  and  investigations  which  have  come  under 
my  own  notice  since  their  names  have  been  before  you,  I 
have  no  advice  to  offer.  I  leave  you  to  choose  upon  your 
responsibility  and  shall  acquiesce  in  your  choice. 

But  I  will  not  conceal  from  you  the  conviction  which 
rests  upon  my  mind  that,  if  you  can  make  as  good  a  selection 
of  an  individual  who  resides  at  a  distance,  wholly  discon- 
nected with  the  ofificeholders  and  ofificeseekers  who  are 
always  found  at  the  seat  of  Government,  it  would,  in  my 
judgment,  be  most  advantageous  and  satisfactory  to  the 
public. 

I  am,  gentlemen,  very  respectfully,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  March  24th,  1835. 
Col.  H.  R.  Ward, 

Starkville,  Lee  County. 

Sir: — Your  communication  of  the  14th  inst.,  as  well  as 
your  two  previous  letters,  all  on  the  subject  of  our  Creek 
affairs,  have  been  duly  received  at  this  Department,  and  add 
much  to  our  stock  of  information  on  the  subject.  Having 
but  little  time  to  write  at  present,  suffice  it  to  say  that  two 
companies  of  United  States  troops  have  arrived  at  Columbus, 
and  are  at  this  time  at  Fort  Mitchell,  ready  to  obey  any 
instructions  or  orders  I  may  think  proper  to  give.  I  have 
opened  a  correspondence  with  Gen.  McDougald  on  the 
subject  of  using  these  troops,  and  instructed  the  officer  in 
command  to  obey  any  orders  he  may  receive  from  Gen. 
McDougald.  Previous  to  the  reception  of  your  report,  I 
was  at  a  loss  for  such  information  as  would  authorize  me 
to  determine  on  any  definite  plan,  and  have,  therefore,  for 


INDIANS    FROM    GEORGIA.  333 

the  present,  left  the  matter  to  the  judgment  and  discretion  of 
Gen.  McDougald.  When  you  arrive  here,  we  will  consult 
further  on  this  subject,  and,  in  the  meantime,  I  shall  reflect 
on  its  various  bearings  in  relation  to  this  matter ;  for  to  the 
present  moment  the  editors  of  the  Georgia  Journal,  and  those 
who  support  that  print,  cast  ridicule  upon  the  complaints  of 
our  citizens  in  regard  to  Indian  depredations. 
Respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department, 
Milledgeville,  April  2d.,  1835. 
Maj.  Gen.  D.  McDougald, 

Columbus,  Ga. 

Sir : — I  have  received  a  communication  from  the  Secretary 
of  War,  informing  me  that  the  commanding  officer  of  the 
United  States  troops  now  at  Fort  Mitchell  has  been  directed 
to  march  into  the  Cherokee  country,  whenever  I  may  inform 
him  that  the  services  of  said  troops  are  no  longer  necessary 
where  they  now  are. 

It  is  deemed  important  that  these  troops  should  be 
stationed  at  present  amongst  the  Cherokees,  and,  believing 
as  I  do  that  we  can  without  much  inconvenience  dispense 
with  their  services  at  present,  I  have  to  request  that  you 
will  immediately  notify  the  commanding  officer  that  he  may 
forthwith  consider  himself  relieved  from  any  instructions 
heretofore  emanating  from  this  Department,  and  proceed  to 
execute  the  instructions  of  the  War  Department. 

I  am,  very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  April  3,  1835. 
Hon  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  had  the  honor  to  receive  your  letter  of  the 
23d  ult.,  and  have  notified  the  officer  in  command  of  the 
United  States  troops  at  Fort  Mitchell  that  the  services  of 
these  troops  can  be  now  dispensed  with  in  that  quarter,  and 
that  any  instructions  emanating  from  you  for  their  removal 
can  be  obeyed,  without  conflicting  with  my  views. 

Very  respectfully,  your  obt.  servt., 

WILSON  LUMPKIN. 


334  REMOVAL  OF  THE  CHEROKEE 

Executive  Department,  Ga., 
Milledgeville,  April  i8th,  1835. 
Jno.  A.  Cuthbert,  Esq., 

Intendant  of  Milledgeville. 

Dear  Sir : — Since  my  confinement  by  indisposition,  I  am 
informed  that  it  has  been  well  ascertained  that  a  case  of 
smallpox  has  oc  urred  in  the  center  of  this  town,  under 
circumstances  wl.  ch  give  just  cause  to  apprehend  that  the 
alarming  and  infectious  disease  must  be  expected  to  extend 
and  spread  its  desolating  effects.  At  first  I  felt  some  relief 
from  the  confidence  I  entertained  in  the  vigilance  and  intelli- 
gence of  the  police  officers,  physicians  and  citizens  of  the 
town,  not  doubting  but  prompt  and  efficient  measures  would 
be  devised  and  resorted  to  to  avert,  as  far  as  possible,  the 
apprehended  evils  of  this  most  alarming  disease.  But  while 
I  am  still  confined  to  my  room  I  daily  hear  the  complaints 
of  the  community  that  no  other  measure,  except  a  resort  to 
vaccination,  seems  to  be  deemed  necessary  at  present. 

Moreover,  it  is  stated  that  no  restraint  in  regard  to  inter- 
course with  the  afflicted  patient,  except  it  be  the  mere  discre- 
tion of  the  thoughtless  multitude,  is  imposed  upon  the  com- 
munity. 

Under  these  circumstances,  I  address  you,  officially, 
urging  upon  your  consideration  and  that  of  our  fellow 
citizens  generally  the  deep  and  vital  importance  of  the 
subject,  and  trust  that  joint  consideration  and  counsel  may 
result  in  the  best  measures  of  security  of  which  the  nature 
of  the  case  admits.  The  state  of  my  health  forbids  my 
leaving  my  room,  but,  as  far  as  may  be  practicable,  both 
as  a  citizen  and  as  the  Executive  of  the  State,  I  feel  myself 
in  duty  bound  to  give  every  aid  in  my  power  to  avert  the 
desolating  efifects  of  so  great  and  impending  an  evil  as  I 
consider  that  of  an  extensive  inoculation  of  this  alarming 
disease. 

Respectfully,  yr.  obt,  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  April  25th.,  1835. 
Wm.  G.  Springer. 

Dear  Sir : — I  have  just  read  your  favor  of  the  loth  inst. 
with  much  interest.  Your  general  views  in  relation  to  our 
Indian  affairs  fullv  coincide  with  mv  own.     I  doubt  whether 


INDIANS    FROM    GEORGIA.  335 

the  very  liberal  terms  proposed  to  the  Cherokees  in  the 
late  Treaty  will  be  accepted  by  them.  Ross  and  his  feed 
counsel  are  not  satisfied,  because  they  are  not  authorized  by 
the  Treaty  to  have  the  entire  control  and  disposition  of  the 
whole  of  the  patrimony  of  the  Cherokee  people.  A  more 
wicked,  selfish  and  unprincipled  combination  of  men  never 
existed  in  this  or  any  other  country  than  the  faction  who  is 
and  has  been  combined  to  prevent  Gen.  Jackson  and  myself 
from  promoting  the  best  interest,  both  of  the  whites  and 
Indians,  by  an  amicable  and  final  adjustment  of  all  our  Indian 
perplexities. 

The  great  injustice  done  to  the  President,  as  well  as 
myself,  on  this  subject  has  received  a  certain  degree  of 
countenance  and  support  from  many  of  our  pretended 
friends,  which  goes  very  far  toward  disgusting  me  with 
political  men.  Posterity,  however,  will  do  us  both  ample 
justice.  The  efforts  of  this  feed  fraternity  may  be  seen  in 
their  tampering  with  ignorant  Grand  Jurors  and  other  pliable 
machinery  to  procure  false  statements  and  unsupported 
denunciations,  which  are  published  and  sent  abroad  for  efifect 
upon  popular  opinion. 

Public  opinion  forced  a  majority  of  the  last  Legislature 
to  pass  the  act  which  alone  at  this  time  prevents  Hooper 
and  his  lawyers  from  depopulating  our  new  counties  and 
re-establishing  the  dominion  of  Ross  and  his  party.  But  it 
is  a  most  surprising  fact  that  this  same  Legislature  has 
suffered  itself,  through  the  majority  of  a  select  conwiittee, 
to  be  placed  in  the  attitude  of  condemning  their  own  solemn 
act  of  legislation,  and  of  puffing  and  applauding  an  officer 
of  the  Government  who  had  just  been  most  severely  rebuked 
by  their  own  enactments.  I  have  not  been  furnished  with 
the  proceedings  of  the  Committee  in  the  Hooper  case — all 
that  I  have  seen  was  a  paper  (which  I  hastily  read)  purporting 
to  be  the  report  of  a  majority  of  the  Committee,  which  may 
be  considered  a  strong  and  lawyer-like  effort  to  zvhitewash 
Hooper  at  my  expense.  This  paper  indicates  that  I  had 
charged  Hooper  with  corruption ;  and  the  report  several 
times,  in  the  most  emphatic  manner,  declares  the  conviction 
on  the  minds  of  the  Committee  of  his  innocence  and  purity. 
My  message  will  always  prove  the  falsity  of  this  report,  for 
nothing  in  that  message  charges  Hooper  with  corruption — 
indeed,  at  the  time  it  was  written  I  did  not  intend  to  charge 
him  with  corruption.  I  thought  him  imbecile  and  arrogant, 
and  vmder  the  influence  of  artful,  designing  and  bad  men, 
and  felt  it  to  be  my  imperative  duty,  as   Chief   Magistrate 


336  REMOVAL  OF  IHE  CHEROKEE 

of  the  State,  to  lay  the  matter  fairly  and  fully  before  the 
representatives  of  the  people,  and  recommend  such  measures 
as  might  be  best  calculated  to  restrain  the  Judge  in  his 
assumptions.  The  majority  of  the  Legislature  fully  sustained 
my  views  by  their  act  in  relation  to  the  Indian  subject,  yet 
a  majority  of  the  Committee  of  that  body  have,  since  the 
adjournment,  thrown  their  whole  weight  into  the  scale  of 
the  Ross  faction,  in  a  fruitless  attempt  to  sustain  Judge 
Hooper,  By  reference  to  the  evidence  published  by  the 
Committee,  no  person  acquainted  with  all  the  circumstances 
can  place  any  confidence  in  the  proceedings  of  this  Com- 
mittee. In  regard  to  myself,  I  know,  and  could  prove  before 
a  court  and  jury,  that  they  have  done  me  injustice,  by  an 
act  of  mutilation,  which  I  consider  inexcusable. 

I  use  strong  language,  and,  therefore,  feel  it  my  duty 
to  give  the  proof.  On  page  128  of  the  printed  document  sent 
abroad  by  this  Committee  you  will  find  what  purports  to 
be  the  interrogatories  proposed  to  be  exhibited  to  Wilson 
Lumpkin,  as  a  witness  in  the  case  then  before  the  Committee. 
This  showing,  as  it  stands  in  the  document  referred  to,  is  a 
gross  perversion  of  truth  and  fairness,  and  places  me  in  an 
attitude  of  arrogance,  if  not  sensitive  petulance,  altogether 
unbecoming  the  office  which  I  hold.  At  the  same  time,  the 
insulting  insolence  of  Judge  Hooper  and  his  counsel  to  the 
Chief  Magistrate  of  the  State  has  been  cautiously  withheld 
from  the  public,  thereby  misleading  the  public  mind  and 
laying  the  foundation  for  the  false  and  slanderous  denuncia- 
tions which  have  since  been  procured  from  a  few  ignorant 
and  pliant  majorities  of  Grand  Juries.  Instead  of  placing  the 
matter  in  its  true  light,  by  making  me  appear  on  the  defensive 
side  of  the  question,  as  has  truly  been  the  case  all  the  way 
through,  this  Committee,  throughout,  endeavors  to  place 
me  in  the  position  of  aggressor,  and  of  making  war  on  the 
Judge.  Will  not  every  honest,  sensible  man.  who  may 
chance  to  read  this  document,  emanating  from  a  Committee 
of  the  Legislature,  be  surprised  when  he  is  informed  that 
this  Committee,  instead  of  giving  to  the  public  the  eight 
insulting  and  accusatory  interrogatories  propounded  to  me 
in  writing  and  signed  John  W.  Hooper,  and  upon  which  my 
communication  to  the  Committee  was  predicated,  actually 
withheld  from  the  public  the  whole  of  these  interrogatories, 
except  Wi^  fifth  and  a  part  of  the  first  (which  were  the  least 
ofifensive  or  exceptionable),  and  numbered  them  one  and 
two,  and  placed  them  in  ordinary  form?  Here  follows  a  copy 
of   the   interrogatories   actually   served   on    me,   and    signed 


INDIANS    FROM    GEORGIA.  337 

John  W.  Hooper,  the  original  of  which  is  now  in  my  pos- 
session : 

Interrogatories  to  be  exhibited  to  Wilson  Lumpkin,  in 
favor  of  J.  W.  Hooper. 

First.  You  are  desired  to  state  if  the  charges  contained 
in  your  annual  message  against  the  Judge  of  the  Cherokee 
Circuit  are  derived  from  facts  resting  within  your  own 
knowledge  or  from  information  or  heresay ;  if  the  latter,  state 
from  whom,  and  annex  sworn  copies  of  all  these  letters  in 
your  possession  on  that  subject? 

Second.  Were  any  of  these  letters  written  by  Col.  Har- 
grove, Wm.  N.  Bishop,  or  W.  G.  Springer?  If  yea,  annex 
sworn  copies  of  all  these  letters  to  your  answers. 

Third.  State  particularly  to  what  extent  you  have,  directly 
or  indirectly,  counseled,  advised  or  aided,  by  writing  or 
otherwise,  a  disregard  of  the  bill  of  injunction  in  the  Indian 
cases,  and  with  whom  you  have  corresponded  in  reference 
to  this  subject,  and  furnish  sworn  copies  of  such  correspond- 
ence. 

Fourth.  Have  you  in  your  possession,  or  under  your 
control,  any  written  information  concerning  Judge  Hooper, 
participating  in  the  fee  of  the  counsel  for  the  Indians,  other 
than  is  contained  in  the  letter  of  C.  D.  Terhune?  If  yea, 
state  what  information  at  large. 

Fifth.  State  all  the  facts  resting  in  your  knowledge  in 
support  of  your  charges  against  the  Jvidge  of  the  Cherokee 
Circuit,  contained  in  your  annual  message. 

Sixth.  Do  you  know  any  thing  of  a  meeting  got  up  at 
Buffington's  concerning  Judge  Hooper,  at  which  the  petition 
against  him  was  framed?  If  yea,  state  wdiat  part  you  took 
in  getting  up  that  meeting. 

Seventh.  Were  the  letters  of  Mr.  Cuthbert,  respecting  the 
decision  of  the  Judge  at  Cass  Court  and  of  the  conversation, 
in  your  possession  and  before  you  when  you  wrote  your 
annual  message? 

Eighth.  Are  you  conversant  with  the  practice  of  the 
courts  of  equity  in  granting  injunction?  If  yea,  state  if  bills 
of  injunction  are  not  always  granted  on  the  statement  of 
the  complainants  on  oath,  and  whether  such  a  course  in  any 
way  impairs  the  trial  by  jury? 

After  the  Committee  were  informed  that  I  considered  the 
foregoing  interrogatories  in  the  light  of  a  direct  and  personal 
insult  ofifered  to  me  while  seated  on  the  Executive  chair, 
by  Hooper  and  his  advisers,  and  that  I  was  determined  to 
treat   all    such    insults   with    merited    contempt,    one    of    the 


338  REMOVAL  OF  THE  CHEROKEE 

members  of  that  Committee  then  informed  me  that  the 
Committee  would  order  the  whole  of  the  interrogatories  to 
be  stricken  out,  except  that  part  which  they  have  ordered 
to  be  printed.  But  this  information  only  served  to  confirm 
me  in  the  opinion  first  formed :  that  the  dignity  of  this 
Department  should  not  be  prostrated  at  the  feet  of  insolence 
and  assumption. 

It  was  obviously  the  design  of  Hooper  and  his  advisers, 
by  these  insulting  and  indecorous  interrogatories,  to  degrade 
and  bring  into  public  contempt  both  the  Executive  and 
Legislative  Departments  of  the  Government.  These  accusa- 
tory interrogatories  (which  the  Committee  have  carefully 
withheld  from  the  public  view)  amount  to  nothing  more  nor 
less  than  the  most  degrading  charges  against  me,  and  I  am 
called  upon  by  Hooper  and  his  counsel  to  purge  myself  from 
guilt  by  my  own  oath,  before  a  Committee  of  the  Legislature. 

This  proceeding  was  clearly  intended  to  turn  away  the 
public  indignation  from  the  object  of  its  just  censure,  and 
criminate  the  Executive  for  a  faithful  discharge  of  constitu- 
tional duty,  in  communicating  to  the  General  Assembly  the 
improper  conduct  of  Judge  Hooper.  But  I  forbear  to  dwell 
further  on  this  subject,  the  investigation  of  which  has  already 
revealed  enormities  in  the  human  character  which  could 
never  have  been  suspected  in  the  absence  of  conclusive 
evidence. 

Whether  the  Cherokees  accept  the  late  Treaty,  or  other- 
wise, is  now  a  matter  of  comparatively  small  importance  to 
Georgia.  The  great  battle  upon  this  subject  has  been  fought 
and  won,  and,  whatever  may  be  the  issue,  I  rely  upon  the 
records  of  the  country  to  do  me  justice  in  regard  to  the  part 
I  have  acted  in  the  matter.  Who  was  the  first  member  of 
Congress  that  introduced  the  direct  proposition  for  the 
removal  of  the  Indians  west  of  the  Mississippi  ?  Who  was 
the  first  Governor  of  Georgia  that  ventured  to  recommend 
to  the  Legislature  sovereign  action  in  regard  to  the  Indians 
within  the  limits  of  the  State  and  the  territory  claimed  by 
them?  On  whom  was  the  responsibility  of  surveying  the 
Cherokee  territory,  without  a  Treaty,  thrown  by  the  Legisla- 
ture of  Georgia?  And  how  was  the  responsibility  met?  On 
whom  was  the  responsibility  of  proceeding  with  the  lottery, 
and  granting  the  lands,  thrown  by  the  Legislature  ?  And 
how  has  that  responsibility  been  met?  On  whom  devolved 
the  responsibility  of  exposing  a  miserable  faction,  combined 
to  overturn  the  laws  of  the  State  in  the  new  counties,  and 
how  has  that  responsibility  been  met  and  discharged?     Sir, 


INDIANS    FROM    GEORGIA. 


339 


I  leave  the  records  of  the  Executive  and  Legislative  Depart- 
ments of  the  Government  to  answer  these  questions. 

After  four  years'  successful  labor,  by  day  and  night,  at 
home  and  abroad,  to  the  almost  entire  neglect  of  my  own 
private  affairs,  I  see  myself  daily  and  hourly  slandered, 
reviled,  and  misrepresented,  in  every  form  which  perverted 
talents  and  ingenuity  can  possibly  devise,  in  regard  to  the 
deeply  interesting  matters  connected  with  our  Indian 
relations.  But,  sir,  I  am  generally  placed  by  the  side  of  my 
co-worker,  Andrew  Jackson,  which,  if  I  possessed  the 
humility  of  Mr.  Van  Buren,  I  might  perhaps  consider  glory 
enough  for  me.  By  nature,  I  am  averse  to  strife  and  personal 
litigation,  and  have  never  had  any  but  what  has  grown  out 
of  public  duty.  But  I  never  could  have  sustained  the  interest 
of  the  State  in  carrying  into  effect  the  Indian  policy  which  I 
have  long  since  marked  out,  if  I  had  cowered  before  the 
selfish  and  daring  enemies  who  have  combined  together  for 
the  purpose  of  perpetuating  the  Indians  on  the  soil  of 
Georgia,  rather  than  see  Jackson  and  Lumpkin  the  efficient 
agents  in  relieving  the  people  from  this  long  standing  and 
complicated  evil. 

I  am.  sir,  very  sincerely,  yr,  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  May  4th,  1835. 
To  Eli  S.  Shorter,  J.  P.  H.  Campbell,  and  Alfred  Iverson, 
Esqrs. 

Gentlemen : — I  have  had  the  honor  to  receive  your  com- 
munication of  the  1st  inst.,  accompanied  by  a  copy  of  the 
proceedings  of  a  meeting  of  the  citizens  of  Columbus,  on  the 
subject  of  the  unpleasant  state  of  affairs  which  now  exist 
between  the  citizens  of  Georgia  and  Alabama  and  the  Creek 
Indians. 

Before  I  commence  a  reply  to  your  address,  it  is  proper 
for  me  to  state  that  the  proceedings  of  the  meeting  in 
Columbus,  as  well  as  your  address  to  me,  is  well  calculated 
to  produce  a  mistaken  impression  upon  the  public  mind,  so 
far  as  the  Executive  of  Georgia  is  connected  with  the  subject. 
These  papers  indicate  that  the  complaints  set  forth  have  not 
yet  attracted  the  attention  of  the  Executive  of  Georgia.  If 
this  be  the  impression,  I  have  to  regret  the  misapprehension. 
I  have,  for  years  past,  on  every  fit  occasion,   pressed  this 


340  REMOVAL  OF  THE  CHEROKEE 

subject  upon  the  consideration  of  the  authorities  of  the 
Federal  Government,  which  Government  alone  has  the  power 
and  ability  to  bring  these  Indian  perplexities  to  a  final  issue. 
It  is  true  the  President  of  the  United  States  disclaims  all 
right  to  intermeddle  with  the  Government  and  jurisdiction 
of  States,  in  regard  to  our  Indian  population,  where  the 
States  have  extended  their  laws  and  jurisdiction  over  these 
people.  And  while  I  most  fully  concur  with  the  President, 
in  denying  the  right  of  the  Federal  Government  to  impede 
or  control  the  State  authorities  in  any  manner  whatever  in 
relation  to  the  government  of  these  unfortunate  people,  I 
have,  nevertheless,  contended,  and  still  believe,  that  it  is  the 
duty  of  the  Federal  Government  to  co-operate  with  the 
States  in  all  just  measures  which  may  be  calculated  to 
speedily  remove  the  evils  of  an  Indian  population  from  the 
States.  In  regard  to  our  own  State,  it  is  wholly  unnecessary 
for  one,  when  addressing  Georgians,  to  advert  to  the  strong 
obligations  which  rest  upon  the  Federal  Government  to 
relieve  the  State  from  the  long-standing  embarrassments  and 
deeply  injurious  effects  of  an  Indian  population. 

It  has  been  the  settled  convictions  of  my  own  mind,  for 
years  past  (although  not  sustained  by  the  public  opinion  of 
the  country),  that  existing  circumstances  demanded  from 
the  Federal  Government  a  radical  change  of  policy  in  regard 
to  the  remnant  tribes  of  the  Cherokee  and  Creek  Indians 
who  still  remain  within  the  limits  of  the  States.  I  consider 
it  a  perfect  farce  and  degrading  to  the  Government  of  the 
Union,  under  existing  circumstances,  to  pretend  any  longer 
to  consider  or  treat  these  unfortunate  remnants  of  a  once 
mighty  race  as  independent  nations  of  people,  capable  of 
entering  into  treaty  stipulations  as  such.  These  concjuered 
and  subdued  remnants  deserve  the  magnanimous  and  liberal 
support  and  protection  of  the  Government,  and  should  be 
treated  with  tender  regard,  as  orphans  and  minors  who  are 
incapable  of  managing  and  protecting  their  own  patrimony. 

This  course  of  policy,  if  pursued  by  the  Federal  Govern- 
ment, would  soon  relieve  the  States  from  the  inquietudes  of 
an  Indian  population,  and  settle  the  Indians  in  a  land  of 
hope  where  they  would  be  shielded  and  protected  from  the 
enormous  and  degrading  frauds  which  have  been  so  often 
perpetrated  on  these  sons  cf  the  forest  by  an  avaricious  and 
selfish  portion  of  our  white  population.  Complaints  of  the 
intrusions  and  depredations  of  the  Creek  Indians  upon  the 
territory  and  property  of  the  citizens  of  Georgia  are  fre- 
quently made  at   this    Department,   and   such   as   now   exist 


INDIANS    FROM   GEORGIA,  341 

have  run  through  both  terms  of  my  administration  of  the 
Government  of  Georgia,  as  also  that  of  my  tv^o  immediate 
predecessors.  During  Gov.  Forsyth's  administration,  such 
complaints  became  so  urgent  as  to  induce  the  Executive  at 
one  time  to  issue  orders  for  the  organization  of  a  mihtary 
force  to  repel  the  intrusions  and  depredations  complained  of; 
but  before  these  orders  were  carried  into  effect  such  informa- 
tion was  received  at  the  Executive  Department  as  to  induce 
the  Governor  to  countermand  these  orders  and  stay  further 
proceedings.  The  subject  was  brought  to  the  consideration 
of  the  Legislature  following,  and  a  law  was  passed  to  prevent 
Indian  intrusions,  &c. 

Since  I  entered  upon  the  duties  of  this  Department,  the 
correspondence  held  upon  this  subject  would  make  a  volume ; 
and  I  am  compelled  to  say  that  the  contradictory  character 
of  the  communications  which  I  have  received  has  been  such 
as  to  leave  me  at  a  loss  to  determine  upon  any  definite 
course  of  measures  in  regard  to  the  subject.  An  attempt  to 
follow  the  advice  offered  the  Executive  would  result  in  a 
monthly  change  of  measures,  at  least.  Indeed,  the  same 
mail  often  brings  me  the  conflicting  statements  of  individuals 
equally  entitled  to  the  public  confidence.  Some  time  ago  I 
opened  a  correspondence  with  the  Governor  of  Alabama 
upon  the  subject  of  depredations  committed  within  the  limits 
of  Georgia  by  Creek  Indians  residing  in  that  State,  and 
apprising  him  that  a  demand  for  the  offenders  would  probably 
be  made.  But  after  using  every  effort  in  my  power,  and 
sending  a  special  agent  to  the  neighborhood  where  Powell 
and  others  were  killed,  I  have  been  unable  to  identify  the 
perpetrators  of  crime  in  Georgia,  so  as  to  make  a  demand 
in  terms  of  the  law. 

A  correspondence  of  the  character  which  you  suggest 
that  the  Governor  of  Georgia  should  open  with  the  Governor 
of  Alabama  is  entitled  to  that  consideration  which  its  impor- 
tance and  novelty  demands.  My  present  impression  is  that 
a  tender  of  the  services  of  Georgia  to  the  authorities  of 
Alabama,  before  such  aid  is  sought,  might  justly  be  con- 
sidered premature.  No  man  can  more  sincerely  regret  the 
unpleasant  and  hazardous  situation  to  which  many  of  the 
good  citizens  of  Georgia  and  Alabama  are  exposed  under 
our  existing  relations  with  the  Indians  than  mvself ;  and 
you  may  rest  assured  that  no  lawful  and  constitutional  effort 
shall  be  wanting,  on  my  part,  to  protect  and  defend  the 
citizens  of  Georgia. 


342  REMOVAL  OF  I  HE  CHEROKEE 

But  I  concur  with  you  in  believing  that  "The  great  body 
of  the  Creek  nation  is  not  involved  in  the  controversy,  but 
the  complaints  are  urged  almost  exclusively  against  two 
towns."  Indians  who  have  sold  their  lands  have  spent  the 
money  which  they  had  received,  and  now  refuse  to  emigrate 
— too  indolent  to  work,  they  have  become  robbers  and  vaga- 
bonds. These  guilty  outlaws  ought  to  be  punished ;  but  the 
peace  and  security  of  the  unoffending  portion  of  the  Indians 
ought  to  be  scrupulously  regarded  and  protected.  The 
innocent  ought  not  to  be  punished  for  the  crimes  of  the 
guilty.  We  should,  therefore,  hesitate  and  consider  well 
before  we  resort  to  measures  w^iich  may  be  calculated  to 
produce  a  state  of  hostility  which  would  result  in  the  general 
extermination  of  this  remnant  tribe  of  Indians.  I  trust  that 
before  the  necessity  of  such  a  course  shall  arrive — for  the 
extermination  of  the  remnant  tribes  of  Southern  Indians — 
the  Government  of  the  United  States,  in  all  its  departments, 
as  well  as  the  people  in  every  section  of  the  Union,  will 
see  the  necessity  of  removing  them  at  once  beyond  the  limits 
of  the  State,  and  plant  them  in  permanent  abodes,  where 
the  white  man  will  cease  from  troubling,  and  where  these 
wasted  sons  of  the  forest  may  be  at  rest. 

I  deeply  regret  the  outrages  committed  in  Alabama,  as 
well  as  Georgia,  but  beyond  the  limits  of  Georgia  I  can 
exercise  no  legal  authority.  The  perilous  and  unpleasant 
situation  of  the  new  settlers  in  Alabama  is  obvious,  and 
might  have  been  anticipated.  Nor  is  it  in  the  power  of 
Government  to  remedy  all  the  evils  complained  of.  They 
are  necessarily  incident  to  the  circumstances  in  which  these 
citizens  are  placed. 

Under  all  the  circumstances,  I  do  not  at  present  feel 
myself  authorized  to  organize  and  station  a  military  force 
to  protect  the  whole  western  border  of  Georgia,  three  hun- 
dred miles  in  extent,  from  apprehended  Indian  depredations. 
And  I  verily  believe  many,  very  many,  other  places  in 
Georgia  are  at  this  time  in  more  danger  from  Indian  depre- 
dations than  the  vicinity  in  which  you  reside.  Our  citizens 
are  not  only  exposed,  but  actually  annoyed,  by  the  remnant 
Indians  remaining  in  our  own  and  adjoining  States,  on  our 
entire  northern  and  western  boundary ;  and  I  am  decidedly 
of  the  opinion  that  a  military  force  to  guard  these  exten- 
sive borders  of  the  State  is  wholly  out  of  the  question.  If 
these  people  cannot  be  controlled  and  punished  for  their 
crimes  by  the  civil  authorities  of  the  country,  we  must  resort 
to  more  efficient  and  energetic  means  than  that  of  keeping 


INDIANS    FROM    GEORGIA.  343 

up  military  stations  and  guards.  The  perplexing  evils  with 
which  we  are  embarrassed  can  only  be  removed  by  the  entire 
removal  or  exiermmation  of  the  Indian  race ;  and  I  hope 
and  trust  that  efficient  measures  for  their  removal  will  be 
speedily  resorted  to  by  the  Federal  Government.  In  the 
meantime,  we  must  meet  the  contingencies  of  the  times 
as  they  arise  in  the  best  way  we  can.  Until  a  state  of 
war  actually  occurs,  we  must  rely  upon  the  civil  authority, 
aided,  when  necessary,  by  the  military ;  but  we  must  not 
hastily  familiarize  our  minds  with  the  idea  of  superseding 
the  civil  authority  by  that  of  the  military. 

I  am,  gentlemen,  with  great  respect,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  May  28,  1835. 
Col.  Wm.  N.  Bishop, 

Spring  Place,  Murray  Co.,  Ga. 

Sir: — I  have  received  your  letter  of  the  15th  inst.,  on 
the  subject  of  our  present  relations  with  the  Cherokee 
Indians,  and  other  matters  connected  with  your  official 
agency.  By  the  same  mail  I  have  also  received  various  other 
communications  from  respectable  citizens  of  the  Cherokee 
Circuit,  coinciding  with  the  views  which  you  have  submitted 
in  relation  to  the  organization  of  a  guard  for  the  protection 
of  that  portion  of  the  Cherokee  population  known  to  be 
friendly  to  the  Treaty  with  Ridge,  and  to  the  policy  and  laws 
of  the  State. 

After  the  most  deliberate  consideration,  I  am  forced  to 
the  conclusion,  under  all  the  existing  circumstances  con- 
nected with  the  present  state  of  our  Indian  aflfairs,  that  every 
legal  effort  should  be  made  at  the  present  time  to  avert  the 
evils  and  calamities  which  seem  to  be  apprehended  by  you 
and  many  others.  The  only  legal  discretion  confided  to  the 
Executive  upon  this  subject  is  to  be  found  in  the  resolution 
of  the  last  Legislature,  which  authorizes  the  Governor,  "when 
he  may  deem  the  exigency  to  demand  it,  to  call  out  such 
force,  under  such  command,  and  for  the  time  he  may  consider 
necessary,  for  the  security,  relief  and  protection  of  our  own 
citizens  and  the  friendly  Cherokees."  I  believe  the  time  has 
arrived  that  a  wise  and  prudent  use  of  the  contemplated 
force  may  be  made  to  great  advantage ;  but  every  thing 
depends  upon  a  prudent  organization  and  use  of  such  force 


344  REMOVAL  OF  THE  CHEROKEE 

— whether  for  good  or  evil,  will  chiefly  depend  upon  a 
judicious  and  discreet  exercise  of  the  power  conferred  by 
the  Legislature.  Having  determined  to  organize  a  small 
force  to  meet  the  present  exigency,  and  having  determined 
to  tender  to  you  the  command  of  it,  I  have  many  suggestions 
to  make  to  you  in  connection  with  the  delicate  and  important 
trust,  which  renders  it  highly  necessary  that  I  should  see 
you  at  the  seat  of  Government  as  early  as  practicable,  when 
you  will  receive  your  orders  and  instruction,  and  make  other 
arrangements  for  carrying  into  elifect  the  objects  contem- 
plated by  the  Legislature.  As  you  will  be  fully  advised  of 
my  views  upon  your  arrival  here,  it  would  seem  unnecessary 
in  this  communication  to  enter  upon  the  details  of  the  plans 
and  operations  which  may  be  deemed  proper  for  the  occasion, 
yet,  as  I  consider  it  important  that  you  should  have  the 
earliest  intimation  of  my  opinions  upon  this  subject,  I  have 
thought  it  might  not  be  amiss  thus  early  to  present  you  with 
a  hasty  sketch  of  the  views  which  I  entertain  of  these  impor- 
tant affairs.  The  object  of  the  contemplated  force  is  "the 
security,  relief  and  protection  of  our  citizens  and  the  friendly 
Cherokees."  How  shall  this  object  of  security,  relief  and 
protection  be  attained?  We  shall  find  that  a  strict  regard 
to  the  laws  of  the  country,  by  affording  every  aid  in  our 
power  to  secure  the  ends  of  civil  justice,  will  most  effectually 
secure,  relieve  and  protect  the  weak  and  innocent  portion, 
of  the  community.  In  determining  on  the  organization  of 
the  contemplated  force,  it  has  been  my  earnest  desire 
that  we  might  have  no  duties  to  perform  which  might 
be  considered  strictly  military.  So  far  as  events  have 
yet  transpired,  we  have  nothing  to  justify  the  belief  that 
the  crimes  which  have  been  committed  in  the  Cherokee 
part  of  Georgia  may  not  be  punished  by  a  faithful  enforce- 
ment of  the  civil  authority  of  the  country.  We  should,  there- 
fore, look  to  that  branch  of  the  Government  which  the 
Constitution  has  provided  for  the  arraignment  and  punish- 
ment of  offenders.  The  inefficiency  of  the  civil  authority  in 
that  section  of  the  State  is  chiefly  owing  to  the  peculiar 
circumstances  which  at  this  eventful  crisis  seem  to  be 
arrayed  against  the  regular  administration  of  the  law,  and 
which  tend  to  favor  the  escape  and  rescue  of  the  proper 
victims  of  legal  punishment.  As  I  understand  the  views  of 
the  Legislature,  it  will  be  your  duty,  with  the  force  at  your 
command,  to  aid  in  bringing  to  justice  the  violators  of  the 
law  in  the  weak  and  exposed  sections  of  the  State  in  which 
you  will  be  called  to  act.    The  criminals  who  have  heretofore 


INDIANS    FROM    GEORGIA.  345 

evaded  justice,  whether  by  force  or  artifice,  will,  I  trust,  by 
your  vigilance,  be  apprehended  and  brought  to  condign  pun- 
ishment. The  murders,  robberies,  and  thefts  which  have 
already  been  committed  in  Georgia  upon  some  of  our  own 
citizens,  as  well  as  some  of  the  friendly  Cherokees,  should 
not  be  overlooked.  It  should  be  considered  a  primary  object 
of  the  force  intended  to  be  organized  to  apprehend  these 
offenders  to  the  proper  civil  authorities,  to  be  further  dealt 
with  as  the  law  directs.  Further,  it  is  represented  to  me 
that,  through  the  influence  of  John  Ross  and  his  advisers, 
many  of  the  natives  who  are  in  favor  of  the  late  Treaty,  as 
well  as  some  of  our  white  citizens,  are  believed  to  be  in 
great  danger  of  personal  violence,  if  not  assassination  and 
massacre.  Moreover,  it  is  stated  that  councils  and  meetings 
are  held  by  Ross  and  his  adherents,  for  the  purpose  of  com- 
bining and  organizing  an  opposition  and  influence  to  prevent 
the  Cherokee  people  from  accepting  the  liberal  terms  of  the 
late  Treaty,  and  that  many  of  said  Cherokees  are  actually 
intimidated  from  freedom  of  action,  by  and  on  account  of 
the  threats  and  menaces  of  Ross  and  his  friends.  Should 
the  present  controversy  and  excitement  amongst  the  Chero- 
kees result  in  the  murder  of  Ridge  and  others,  who  are 
honestly  and  patriotically  supporting  the  best  interest  of 
their  deluded  people,  by  urging  upon  them  the  necessity  and 
advantages  of  accepting  the  Treaty,  the  magnitude  of  so 
great  an  evil  could  not  fail  to  be  felt  by  the  whole  nation 
and  would  leave  a  foul  blot  upon  the  Government  of  the 
Union,  as  well  as  that  of  Georgia.  Ridge  and  his  friends  have 
espoused  the  policy  of  the  Government.  They  see  and  feel 
the  unfortunate  condition  of  their  people,  whose  miseries  are 
daily  increasing,  on  account  of  the  obstructions  which  are 
thrown  in  the  way  of  their  acceptance  of  the  proposed  Treaty. 
Ridge  is  a  man  of  enlarged  views,  one  of  nature's  threat 
men,  who  looks  beyond  the  present  moment  and  seeks  the 
good  of  his  people  with  an  eye  to  their  posterity.  He  com- 
prehends the  whole  subject  at  issue,  in  all  its  various  bear- 
ings ;  and,  therefore,  hazards  life  and  every  thing  dear  to 
him  as  a  man,  to  effect  a  great  public  object  of  deep  and 
lasting  interest  to  his  native  race,  the  Cherokees.  Now, 
sir,  under  these  circumstances,  John  Ross  and  his  friends, 
whether  ivhite  or  red,  must  not  be  permitted  on  the  soil  of 
Georgia,  to  commit  another  outrage  upon  a  single  individual 
who  has  the  right  to  claim  protection  from  the  Government 
of  Georgia.  If  any  outrage  is  hereafter  committed  by  any 
who  are  known  to  be  under  the   influence   of   Ross,   either 


346  REMOVAL  OF  IHE  CHEROKEE 

upon  Ridge  or  his  friends,  or  any  other  citizen  of  Georgia, 
Ross  should  be  held  personally  responsible  for  such  act.  If 
Ross  and  his  party  do  not  obey  and  respect  the  laws  of 
the  State,  or  should  they  be  guilty  of  instigating  murders 
or  other  outrages  within  the  limits  of  this  State,  further 
forbearance  on  the  part  of  Georgia  towards  them  would 
cease  to  be  a  virtue.  They  must  be  punished  for  their 
audacity,  or  they  must  abandon  the  State.  Under  all  the 
circumstances,  these  deluded  people  should  not  be  permitted 
to  remain  in  Georgia  another  year.  It  is  the  duty  of  the 
Federal  Government  to  take  them  firmly  by  the  hand,  and 
in  a  kind,  but  imperative,  language,  say  to  them:  "My  chil- 
dren, you  must  be  preserved  from  the  impending  ruin  that 
awaits  you.  You  cannot  longer  remain  where  you  are.  You 
must  go  to  the  homes  provided  for  you.  Your  national 
character  in  your  native  land  is  lost,  is  fled  forever ;  and  it 
is  our  settled  purpose  to  re-establish,  exalt  and  elevate  your 
character,  and  restore  your  condition  in  the  new  land  of 
hope  and  promise  whither  we  lead  you."  These  general  and 
hasty  suggestions  and  remarks,  without  much  regard  to 
arrangement,  will  serve  to  aid  you  in  comprehending  my 
views,  which  will  more  fully  be  detailed  in  the  orders  and 
instructions  which  I  design  hereafter  to  prepare  for  your 
guidance. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  May  20th,  1835. 

Hon.  Andrew  Jackson,  President  of  the  United  States, 

Washington. 

Dear  Sir : — I  should  have  written  to  you  some  time  ago 
upon  the  subject  of  our  present  Indian  relations,  but  for  the 
expectation  of  seeing  Mr.  Forsyth,  on  his  way  through  this 
place  to  Columbus,  with  whom  I  had  intended  to  converse 
freely  and  fully  on  this  subject,  without  troubling  you  with  a 
direct  address.  But  Mr.  Forsyth  having  passed  here,  without 
my  having  an  opportunity  of  seeing  him,  I  have  deemed  it 
necessary,  without  further  delay,  to  apprise  you  of  the 
present  posture  of  our  affairs  with  the  Indians,  and  also 
place  you  in  possession  of  my  views  in  regard  to  this  deeply 
interesting  subject.  From  the  last  information  I  have  been 
able  to  obtain,  I  incline  to  the  opinion  that  John  Ross  and 
his  associates  will  have  the  address  and  influence  to  prevent 


INDIANS    FROM   GEORGIA.  347 

the  majority  of  the  Cherokees  from  accepting  at  present  the 
very  hberal  terms  of  the  Treaty  arrangement  recently  pro- 
vided at  Washington  under  your  direction.  A  large  majority 
of  the  people  and  the  public  authorities  of  Georgia,  however, 
are  fully  satisfied  that  you  and  the  authorities  of  the  Federal 
Government  have  done  every  thing  that  ought  and  could  in 
reason  be  done  to  settle  this  business,  and  to  promote  the 
interest  and  preserve  the  lives  of  this  unfortunate  remnant 
of  deluded  Indians.  I  have  nothing  further  to  ask  in  behalf 
of  Georgia  from  the  Executive  authorities  of  the  Union  in 
the  character  of  treaty  proposals  to  the  Cherokees ;  indeed, 
I  have  and  do  protest  against  any  further  efforts  to  treat 
with  John  Ross  and  his  white  advisers,  by  any  modification 
or  alteration  whatever  in  the  Treaty  lately  negotiated  by 
Ridge  and  others  at  Washington.  I  have  not  failed  to  let 
these,  my  views,  be  known  extensively  throughout  the 
Cherokee  part  of  Georgia.  And  I  herewith  enclose  you  a 
paper  received  this  day,  signed  by  many  of  the  most  respect- 
able and  influential  citizens  of  that  section,  by  which  you 
will  perceive  that  they  coincide  in  opinion  with  the  views 
which  I  have  herein  submitted.  It  is  worse  than  useless  to 
make  any  further  effort  to  coax  and  flatter  Ross  and  his 
associates ;  nothing  short  of  bribery  and  corruption  can 
induce  them  to  come  to  an  amicable  adjustment  of  our 
Cherokee  perplexities,  and  these  are  conditions  which 
neither  you  nor  myself  can  consent  to  be  instrumental  in 
consummating.  Any  honorable  sacrifice  in  the  bounds  of 
reason  ought  to  be  made  to  settle  these  embarrassing  Indian 
perplexities ;  but  no  result  can  be  worse  than  for  the  public 
authorities  of  the  country  to  sanction  and  foster  the  corrupt 
selfishness  of  base  men.  Ross  and  his  friends  would  be 
perfectly  satisfied  with  the  proposed  Treaty,  provided  they 
could  be  entrusted  with  the  disbursement  of  the  considera- 
tion money.  I  have  carefully  read  the  Treaty,  and  was  glad 
to  perceive  that  its  liberal  provisions  secure  the  interest  of 
every  individual  attached  to  the  Cherokee  people,  affording 
but  limited  opportunity  for  the  aristocratic  leaders  of  this 
unfortunate  race  to  defraud  them  of  their  national  inherit- 
ance. This  is  as  it  should  be ;  and  cannot  fail  to  receive  the 
approbation  of  every  honest  man  in  the  whole  country..  If 
any  thing  can  induce  the  Cherokees  to  accept  the  Treaty,  i*' 
is  a  decisive,  unwavering  adherence  to  its  provisions  as  they 
now  stand.  If  the  door  is  once  opened  for  modifications, 
Ross  and  his  friends  will  secure  to  themselves  fortunes  at 
the  expense  of  the  common  Indians.  The  Indians,  as  well 
as  the  whites,  are  tired  of  the  present  state  of  things,  ar^d 


348  REMOVAL  OF  THE  CHEROKEE 

would,  if  left  to  themselves,  niost  gladly  embrace  the  liberal 
offers  of  the  Government  and  remove  without  delay.  But 
there  are  white  men,  as  well  as  Ross,  who  oppose  the  Treaty, 
because  they  are  not  provided  for  by  its  stipulations. 

Under  all  the  existing  circumstances,  I  take  the  liberty 
of  suggesting  to  you  the  expediency  of  your  causing  it  to  be 
immediately  and  distinctly  understood  by  the  Cherokees  that 
no  modification  of  the  late  Treaty  whatever  may  be  expected. 
Should  this  course  fail  to  produce  the  desired  effects,  other 
measures  must  then  be  resorted  to,  with  a  view  to  the 
adjustment  of  our  perplexities  with  the  Indian  population. 

The  present  condition  of  both  Creeks  and  Cherokees  who 
still  remain  in  the  States  is  most  deplorable.  Starvation  and 
destruction  await  them  if  they  remain  much  longer  in  their 
present  abodes.  Indians  cannot  live  in  the  midst  of  a  white 
population  and  be  governed  by  the  same  laws.  I  am  truly 
disgusted  when  I  reflect  upon  the  enormous  frauds  which 
have  been  committed  upon  the  Indians  by  a  small  but 
abandoned  and  selfish  portion  of  our  white  population,  and 
I  regret  to  say,  under  existing  laws  and  circumstances,  we 
are  unable  to  restrain  and  punish  these  enormities.  On  the 
other  hand,  very  many  of  our  unoffending  citizens  who  have 
settled  amongst  these  Indians,  both  in  Alabama  and  Georgia, 
under  the  legal  sanction  of  both  the  State  and  Federal  Gov- 
ernments, are  living  in  a  state  of  constant  apprehension. 
Our  white  citizens  are  daily  insulted,  menaced,  and  injured 
by  the  depredations  committed  on  their  stock  and  property 
by  the  perishing,  vagabond  portion  of  these  savages,  many 
of  whom,  at  this  time,  have  no  legal  home  in  the  country. 
Several  murders  have  actually  been  committed,  and  the  lives 
of  our  citizens,  in  many  places,  are  at  the  mercy  of  these 
reckless  and  lawless  vagabonds.  It  is  true  that  the  laws  of 
Georgia  and  Alabama  have  been  extended  over  these  Indians, 
but  it  is  equally  true  that,  in  far  the  greatest  numbr  of 
cases,  they  cannot  be  enforced  against  offenders,  for  the 
want  of  an  adequate  white  population ;  and  because,  in  nine 
cases  out  of  ten,  the  offending  Indian  cannot  be  identified. 
The  daily  strifes  which  now  exist,  and  which  are  increasing 
between  these  Indians  and  the  citizens  of  Georgia  and 
Alabama,  must  continue,  with  aggravated  mischief,  so  long 
as  they  remain  in  the  States.  Have  not  these  Indians  lost 
all  just  claims  to  national  character?  Ought  not  these 
Indians  to  be  considered  and  treated  as  the  helpless  wards 
of  the  Federal  Government? 

I  am,  dear  sir,  with  great  regard,  vr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA.  349 

Executive  Department, 
Milledgeville,  May  21st,   1835, 
Hon.  Lewis  Cass, 

Secretary  of  War. 

Sir : — I  have  this  day  concluded  to  limit  the  time  for  the 
presentation  of  claims  of  the  citizens  of  Georgia,  under  the 
Creek  Treaty  of  1821,  to  the  ist  day  of  August  next,  by 
which  time  I  hope  to  be  able  to  bring  this  troublesome 
business  to  a  final  close.  From  the  progress  made,  I  have 
ascertained  that  the .  amount  of  money  set  apart  will  be 
suf^cient  to  pay  the  whole  of  the  principal  and  a  small 
portion  of  the  interest  provided  for.  Perceiving  that  the 
principal  and  interest  of  the  claims  will  exceed  the  amount 
of  the  appropriation,  and  having  incurred  the  obligation  of 
compensating  a  commissioner,  appointed  to  examine  and 
adjust  them,  I  have  to  request  that  I  may  be  informed 
whether  the  allow? nee  to  the  commissioner — whose  services 
have  been  so  important  and  indispensable — will  be  defrayed 
by  the  Federal  Government,  there  being  no  fund  out  of 
which  I  feel  myself  authorized  to  make  the  allowance. 

I  have  the  honor  to  be,  very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Mav  i6th,  183^. 
Col.  Wm.  A.  Bishop, 

Spring  Place,  Ga. 

Dear  Sir: — I  have  received  your  favor  of  the  5th  inst. 
The  information  it  contains,  in  regard  to  the  prospects  of 
the  late  Treaty  proposed  to  the  Cherokees  and  being 
accepted  by  them,  coincides  with  the  information  heretofore 
received  from  my  best  informed  correspondents  in  your 
section  of  the  State.  It  is  most  unfortunate  for  this  remnant 
tribe  of  Indians  that  they  still  adhere  to  the  dictation  of  Ross 
and  his  more  selfish  w'hite  advisers.  But  whatever  misfortune 
may  hereafter  come  upon  them,  on  account  of  their  obstinacy 
in  refusing  to  accept  the  kind  and  liberal  ofifers  of  a  beneficent 
Government,  we,  who  have  endeavored  to  save  them  from 
the  impending  ruin  which  inevitably  awaits  them  if  they 
remain  in  the  midst  of  our  white  population,  will  at  least 
have  our  own  minds  relieved  from  guilt.  Their  ruin  must 
be  charged  by  the  impartial  eye  of  posterity  to  Ross  and 
his  associates. 


350  REMOVAL  OF  IHE  CHEROKEE 

If  they  reject  Ridge's  Treaty,  nothing  further  ought  to 
be  proposed  to  them  as  a  substitute.  No  modification,  for 
the  accommodation  of  Ross  and  his  feed  council,  should 
be  made  by  the  Government.  Those  who  reject  the  Hberal 
terms  of  the  late  Treaty,  and  refuse  to  emigrate,  deserve  no 
further  favor  or  forbearance  from  Georgia  or  her  authorities. 
Your  letter  satisfactorily  explains  the  delay  in  my  hearing 
from  you  on  the  subject  of  the  complaints  published  against 
you,  over  the  signature  of  Spencer  Riley,  and  which  you 
state  were  written  by  Sanuiel  Rockwell.  While  you  were 
attending  to  an  important  official  agency,  in  a  wilderness 
country,  where  neither  newspapers  nor  letters  could  reach 
you,  of  course,  you  could  not  be  informed  of  the  shafts  of 
malice  and  misrepresentation  which  were  levelled  against 
you,  through  the  medium  of  a  portion  of  the  public  press — 
which  really  appears  to  be  opposed  to  every  interest  of  the 
State.  I  am  glad  to  learn  that  you  will  have  it  in  your 
power  to  satisfy  an  honest  public  that  you  have  only  done 
your  lawful  duty,  and  that  you  have  been  grossly  misrepre- 
sented. Indeed,  sir,  it  must  be  obvious  to  every  enlightened 
and  impartial  citizen  of  Georgia  that  the  duties  which  have 
devolved  upon  the  Executive  branch  of  the  Government  of 
the  State  for  several  years  past,  in  the  management  of  our 
Indian  affairs,  have  been  most  responsible,  arduous  and 
difficult  of  execution,  while  it  must  be  admitted  by  all  that 
unparalleled  success  has  attended  our  efforts,  and  every 
danger  and  difficulty  has  been  promptly  and  successfully 
met.  The  prompt  and  efficient  discharge  of  your  present 
agency  cannot  fail  to  receive  the  reward  of  public  approba- 
tion. Under  existing  circumstances,  we  cannot  expect  to 
escape  the  censure  of  the  selfish ;  but  we  must  rely  upon  a 
strict  and  fearless  discharge  of  official  duty,  and  trust  to 
our  constituents  and  posterity  to  do  us  that  justice  which 
has  never  failed,  sooner  or  later,  to  be  the  reward  of  honesty, 
and  integrity.  Please  keep  me  advised  of  passing  events  in 
relation  to  our  Indian  afifairs. 

I  remain,  sir,  very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM    GEUKGIA.  351 

Executive  Department,  Ga., 
Milledgeville,   May  28th,   1835. 
To  Col.  Z.  B.  Hargrove  and  Col.  Wm.  Harden, 

Cassville,  Ga. 

Gentlemen : — I  have  received  your  letters,  and  the  papers 
signed  by  yourselves  and  many  other  respectable  citizens  of 
the  Cherokee  Circuit,  requesting  an  organization  of  a 
military  force  for  the  protection  of  the  citizens  of  said  district, 
and  more  particularly  for  the  protection  of  that  portion  of 
the  Cherokee  population  who  are  known  to  be  in  favor  of 
emigration  and  the  late  Treaty  entered  into  by  John  Ridge 
and  his  associates  with  the  authorities  of  the  United  States, 
&c.  The  great  importance  and  gravity  of  the  subject  which 
you  present  calls  for  the  most  mature  and  deliberate  consid- 
eration. The  consequences  involved  in  the  course  which  you 
recommend  is  inseparably  connected  with  the  character, 
honor,  and  best  interest  of  the  State,  and  that  to  an  extent 
not  apprehended  by  the  hasty  and  inconsiderate.  The 
necessity,  and,  consequently,  the  expediency  of  the  measures 
recommended  by  you  and  others  are  supported,  as  appears 
from  the  communications  which  I  have  received,  by  detailing 
the  violent  olTenses  which  have,  from  time  to  time,  been 
committed  by  that  portion  of  the  Cherokee  Indians  who  are 
opposed  to  emigration,  and  the  inefificiency  of  the  civil 
authority  to  punish  these  offenders,  as  well  as  the  appre- 
hensions of  that  portion  of  the  community  who  consider 
themselves  in  personal  danger  from  the  apparent  excitement 
which  at  this  time  prevails  in  the  country  on  the  subject  of 
the  proposed  Treaty. 

And  you,  therefore,  call  upon  the  Executive  for  the 
execution  of  the  late  laws  and  resolutions  of  the  State,  &c. 
No  vigilance  has  been,  or  shall  be,  wanting  on  my  part  to 
see  that  the  laws  are  faithfully  executed,  wherever  their 
enforcement  has  been  confided  to  the  Executive.  But  I  have 
no  power  to  change  existing  laws — that  belongs  to  the 
Legislature.  I  cannot  control  or  interfere  with  the  constitu- 
tional and  legal  powers  of  the  judiciary.  I  am  not  responsible 
for  the  fidelity  or  integrity  of  that  Department  of  the  Govern- 
ment. Its  defalcations  and  abuses  of  power  I  may  properly 
lay  before  the  Legislature — there  my  duty  ends. 

The  strongest  apprehension  of  danger  which  I  indulge  is 
chiefly  limited  to  that  portion  of  the  Cherokee  population 
who  are  known  to  be  favorable  to  the  late  Treaty  and 
emigration.     But   Ridge   and   his   friends   may  rest   assured 


352  REMOVAL  OF  THE  CHEROKEE 

that  I  feel  myself  and  the  Government  of  Georgia  as 
strongly  bound  to  protect  and  defend  them  in  their  persons 
and  property  from  the  violence  and  outrage  of  their  enemies 
as  I  would  any  portion  of  the  white  population  of  the  State. 
If  John  Ross,  or  any  of  his  party,  commits  any  violence  or 
outrage  upon  Ridge,  or  his  friends,  be  assured  the  full  extent 
of  the  Executive  power  of  Georgia  shall  be  exerted  to  punish 
all  who  may  be  justly  implicated  in  such  unsufiferable  crimes. 
I  am  bound  by  the  laws  and  Constitution  of  the  State.  I 
cannot  punish  or  exterminate  the  suspected  enemies  of  the 
State,  before  conviction.  You  will  not  consider  these  hasty 
impressions  as  indicating  the  result  of  my  final  decision  in 
relation  to  the  subject  which  you  have  presented  for  my 
consideration.  All  that  the  laws  of  the  State  authorize  me 
to  do,  to  prevent  the  evils  which  you  apprehend,  may  be 
expected.  What  is  proper,  however,  to  be  done,  should  be 
done  in  the  best  way  to  effect  the  desired  good — all  of  which 
will  be  duly  considered  and  acted  upon  without  delay. 

I  am,  gentlemen,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


Executive  Department,  Ga., 

Milledgeville,  May  29th,  1835. 

Mr.  John  Ridge,  Rome,  Floyd  County,  Ga. 

Dear  Sir : — I  have  received,  and  read  with  feelings  of 
deep  interest,  your  favor  of  the  i8th  inst.  You  have  taken 
an  enlarged  and  enlightened  view  upon  the  highly  important 
subject  on  which  your  letter  is  written.  My  views  coincide 
with  yours  on  every  important  point.  Instead  of  replying  to 
your  letter  in  detail,  I  deem  it  most  advisable,  under  all  the 
circumstances,  to  refer  you  to  Col.  Bishop,  to  whom  I  have 
just  written  at  large  on  the  subject  of  your  letter — without, 
however,  intimating  to  him  that  I  had  received  any  com- 
munication whatever  from  you.  Request  Col.  Bishop  to 
show  you  my  letter  to  him,  and  you  will  then  feel  assured 
that  prompt  and  energetic  measures  have  been  adopted, 
suited  to. the  present  emergency.  I  have  invited  Col.  Bishop 
to  visit  this  place,  with  as  little  delay  as  possible.  You  will, 
therefore,  do  well  to  lose  no  time  in  seeing  the  Colonel. 

I  am,  sir,  with  great  respect,  yr.  friend  and  obt.  servt., 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA.  353 

(Instructions.) 

Executive  Department,  Ga., 
Milledgeville,  June  17th,  1835. 
Col.  Wm.  N.  Bishop. 

Sir : — In  pursuance  of  your  appointment  to  the  command 
of  such  force  as  may  be  called  into  service,  under  the  pro- 
visions of  a  joint  resolution  of  the  General  Assembly, 
approved  the  20th  December,  1834,  for  the  security,  relief 
and  protection  of  our  own  citizens,  as  well  as  the  friendly 
Cherokees  who  reside  in  the  Cherokee  Circuit  of  this  State, 
you  will  proceed,  with  as  little  delay  as  possible,  to  organize 
a  force,  not  exceeding  forty  men,  the  whole,  or  any  part,  of 
which  may  be  called  into  immediate  service,  as  circumstances 
may  hereafter  require.  They  will  be  engaged  to  serve  until 
the  first  day  of  December  next,  unless  sooner  discharged  by 
orders  from  the  Governor.  None  but  able-bodied  men, 
qualified  for  the  most  effective  service,  must  be  admitted, 
and  who  must  furnish  themselves  with  good  horses,  at  their 
own  expense. 

In  contracting  for  members  to  compose  the  contemplated 
force,  you  will  be  careful  to  select  men  of  approved  courage 
only — of  sober  habits  and  accustomed  to  endure  with  patience 
the   greatest   fatigue. 

You  will  be  supplied  with  public  funds,  for  the  payment 
and  support  of  your  men,  as  circumstances  may  require.  The 
necessary  supplies  for  men  and  horses  must  be  provided  for 
in  that  manner  which  will  ensure  the  greatest  economy  which 
may  be  consistent  with  comfortable  subsistence. 

The  nature  of  the  contemplated  service  not  admitting  of 
the  idea  of  much  stationary  duty,  I  have  not  deemed  it 
necessary  or  expedient  to  point  out  particular  stations  for 
the  deposit  of  rations  or  supplies,  but  shall  leave  all  these 
arrangements  to  your  own  efficiency  and  skill  in  the  execu- 
tion of  your  duty,  relying  as  I  do  much  on  your  own 
judgment  and  fidelity  to  the  public  interest.  It  may,  however, 
be  proper  to  suggest  that  you  will  find  it  most  convenient 
and  economical  to  have  engagements  for  supplies,  for  both 
men  and  horses,  with  individuals  on  whom  you  can  rely, 
always  ready  at  given  points  to  prevent  inconvenience  and 
actual  suffering. 

Indeed,  some  suitable  point  as  your  headquarters  will  be 
indispensable,  and  there  your  chief  supplies  may  be  deposited, 
and  where  some  kind  of  barracks  to  shelter  vour  men  and  to 


354  REMOVAL  OF  IHE  CHEROKEE 

meet  the  contingencies  of  sickness,  &c.,  must  necessarily  be 
provided. 

From  the  nature  of  the  service,  you  cannot  restrict  your 
men  to  the  ration  of  the  regular  soldier ;  yet  it  will  be 
expected  that  every  thing  like  extravagance  and  waste  will 
be  prevented. 

The  men  you  may  engage  will  furnish  their  own  horses, 
and  will  receive  twenty  dollars  per  month  each,  when  in 
actual  service.    They  will  be  paid  quarterly,  if  they  require  it. 

The  efficiency  and  utility  of  this  force  will,  in  a  great 
degree,  depend  upon  their  strict  and  cheerful  obedience  to 
your  orders.  If  they  can  be  brought  to  obey  your  orders 
implicitly  and  of  choice,  you  will  then  have  prepared  them 
for  the  duties  which  are  to  be  discharged.  You  will  find 
constant  employment  in  the  contemplated  service.  You 
will  appoint  an  orderly  sergeant,  who  will  make  regular  and 
daily  reports  to  you  of  the  state,  &c.,  of  your  force,  and 
you  will  make  similar  weekly  reports  to  this  Department. 
You  will  also  make  duplicate  quarterly  reports  of  your 
expenses  incurred  in  supporting  your  men,  accompanied  by 
vouchers  for  each  item,  one  of  which  reports  will  be  for- 
warded to  this  office,  and  both  signed  and  certified  by  you 
upon  honor. 

And  you  will  make  similar  reports  of  all  incidental  and 
contingent  expenses.  The  object  of  the  force  to  be  organized 
under  your  command  is  to  afiford  security,  protection,  and 
defence  to  our  sparsely  settled  population  of  the  Cherokee 
Circuit,  and  particularly  to  the  friendly  Indians  who  are 
disposed  to  obey  and  respect  the  laws  of  the  Federal,  as 
well  as  the  State,  Governments.  Let  it  be  constantly  borne 
in  mind  that,  under  the  existing  state  of  things,  your 
military  command  is  designed  only  to  aid  the  civil  authority 
in  carrying  into  efifect  the  laws  of  the  State. 

First.  You  will  diligently  enquire  for,  and  ascertain  as 
far  as  you  possibly  can,  all  the  violations  which  have  been 
or  may  be  committed  against  the  criminal  laws  of  this 
State,  by  persons  who  have  evaded  and  still  evade  a  legal 
trial,  for  the  offences  with  which  they  may  stand  charged — • 
wherever  you  find  that  an  offence  of  any  magnitude  has  been 
committed,  and  the  offender  or  offenders  cannot  be  appre- 
hended by  the  ordinary  officer  or  officers,  or  where  such 
offenders  have  broken  jail,  or  escaped  from  the  custody  of  a 
proper  officer,  you  will  immediately  cause  all  such  persons 
to  be  arrested,  and  use  all  legal  means  placed  at  your  com- 


INDIANS    FROM    GEORGIA.  355 

mand  to  secure  their  apprehension,  trial  and  punishment 
according  to  law. 

Persons  suspected  of  violent  designs  against  the  peace 
and  good  order  of  society — upon  the  aflfidavit  of  a  respect- 
able person  or  persons,  setting  forth  or  charging  such  appre- 
hension of  violence  as  being  meditated  against  any  one  or 
more  persons,  or  where  the  individual  apprehends  personal 
injury  or  violence  to  himself — you  will,  on  procuring  a  proper 
warrant  in  terms  of  the  law  in  such  cases  made  and  provided, 
consider  such  warrant  your  legal  authority  for  arresting  the 
person  or  persons  so  charged,  and  cause  them  to  be  brought 
before  some  proper  officer,  in  order  that  they  may  be  dealt 
with  as  the  law  directs.  Having  just  grounds  to  apprehend 
that  John  Ridge  and  his  friends,  who  are  favorable  to  the 
late  Treaty,  are  in  danger  of  secret,  if  not  open,  violence 
from  John  Ross  and  his  party,  I  feel  myself  in  duty  bound 
to  charge  you  most  earnestly  to  be  strictly  vigilant  and 
watchful  in  protecting  and  defejiding  said  Ridge  and  his 
friends  from  the  malignant  violence  of  their  enemies.  And, 
after  holding  a  consultation  with  Ridge  and  his  friends,  if 
any  respectable  person  or  persons  can  take  the  necessary 
oath,  you  will  not  fail  to  procure  a  warrant,  and  take  with 
you  a  civil  officer  to  execute  the  same,  and  arrest  John  Ross, 
and  see  that  he  is  brought  before  the  Judge  of  the  Superior 
Court  of  the  Cherokee  Circuit,  in  order  that  he  may  give 
good  and  sufficient  security  for  his  good  and  peaceable 
behavior,  not  only  toward  the  individual  named  in  the  war- 
rant, but  towards  all  the  good  citizens  of  this  State  and  all 
the  friendly  Cherokees  residing  therein.  The  distinction  and 
character  of  John  Ross  is  such  as  to  fully  justify  these  my 
instructions  in  having  him  brought  before  the  highest 
judicial  officer  within  the  Cherokee  Circuit. 

Moreover,  you  are  particularly  enjoined  and  instructed 
to  prevent  the  exercise  of  any  authority  by  those  who  are 
considered  as  Cherokee  chiefs  or  headmen.  They  must 
not  be  permitted  to  make  and  enforce  any  rules  or  regula- 
tions for  the  government  of  the  Cherokees  within  the  limits 
of  Georgia,  or  to  hold  meetings,  or  councils,  for  illegal 
purposes.  Every  Cherokee  who  has  offended  or  may  oflfend 
against  the  laws  of  the  State,  especially  every  headman  or 
chief,  must  be  arrested  and  delivered  to  the  judicial  authori- 
ties, let  it  cost  what  it  may. 

Your  men  must  be  accustomed  to  secrecy  and  dispatch 
in  relation  to  many  of  the  duties  which  are  to  be  performed. 
A  knowledge  of  your  plans  adopted  to  ensure  the  faithful 


356  REMOVAL  OF  THE  CHEROKEE 

discharge  of  your  duties  will  often  defeat  your  objects,  if 
known  to  the  community  in  general. 

You  may  find  it  necessary  to  send  trusty  members  of 
your  command  into  various  parts  of  the  Circuit,  for  the 
purpose  of  collecting  and  reporting  to  you  the  state  of  the 
public  mind  in  regard  to  our  Indian  relations,  and  other 
matters  connected  with  the  public  service.  Such  duties  can 
safely  be  confided  to  none  but  men  of  sense  and  firmness. 

Trust  nothing  to  men  who  continue  to  excite  the  Indians 
to  resist  the  operation  of  the  laws  of  the  State  over  them,  or 
who  encourage  their  appealing  to  other  authority  than  that 
of  Georgia  for  protection. 

Under  all  the  circumstances  it  will  be  most  prudent,  in 
all  cases  where  arrests  are  to  be  made,  to  obtain  warrants 
from  some  judicial  officer,  charging  the  person  to  be  arrested 
with  some  crime,  and  at  the  same  time  to  be  attended  by  a 
civil  officer,  duly  authorized  to  execute  such  warrant.  Thus 
you  will,  in  most  cases  of  arrest,  only  aid  the  civil  officers 
who  have  warrants  authorizing  them  to  make  arrests. 

Persons,  however,  who  have  committed  crimes,  and  who 
would  probably  escape  without  an  immediate  arrest,  or  in 
cases  of  violence  on  the  part  of  any  Indian  or  Indians,  or 
in  cases  of  resistance  to  the  laws  of  the  State,  must  be  con- 
sidered cases  of  exception  to  the  general  rule  of  obtaining  a 
warrant  and  civil  officers. 

You  may  safely  arrest  all  persons  who  may  be  found  in 
the  commission  of  offenses  against  the  laws  of  the  State ;  but 
when  the  information  comes  from  others,  require  warrants, 
and  take  authority  and  arrest  in  the  presence  of  a  civil 
officer. 

Should  any  resistance  to  the  laws  of  the  State  become 
so  formidable  as  to  render  you  unable  to  suppress  it  by  the 
force  placed  at  your  command,  you  will  immediately  inform 
me  of  the  same  by  express ;  and  in  the  meantime  call  in 
the  aid  of  any  regiment  or  regiments  of  the  militia  most 
convenient.  Make  this  call  upon  the  Colonels,  by  issuing 
orders  to  that  effect. 

Very  respectfully  yours, 

WILSON  LUMPKIN. 


INDIANS    FROM    GEORGIA. 


357 


Executive  Department,  Ga., 
Milledgeville,  June  i8th,  1835. 
Maj.  B.  F.  Curry, 

Calhoun,  Tenn. 

Sir: — I  have  duly  received  your  letter  of  the  loth  inst., 
as  well  as  your  former  communications  to  which  you  refer. 
Your  general  views  in  relation  to  our  Cherokee  affairs  coin- 
cide with  my  own.  and  on  the  most  important  points  to 
which  you  have  adverted,  and  particularly  that  of  the  organi- 
zation of  a  military  force,  I  have  a  train  of  measures  now 
in  preparation  to  carry  into  effect  that  object. 

I  cannot  conceal  from  you  how  deeply  I  regret  the 
present  state  of  things  in  relation  to  our  Indian  affairs,  as 
they  now  seem  to  exist  (from  your  letter)  in  your  immediate 
neighborhood. 

Be  assured  that,  if  your  apprehension  in  regard  to  the 
mischievous  influence  of  Ross  and  his  friends,  and  its  danger- 
ous extent,  be  well  founded,  that  influence  ought  and  must 
be  promptly  checked.  If  the  Rosses  are  permitted  to  control, 
or  influence  in  any  degree,  the  forces  of  the  United  States 
stationed  in  the  Cherokee  country,  then,  indeed,  will  that 
mili'tary  arm  of  the  Federal  Government  be  wielded  to  the 
destruction  of  all  the  plans  and  efforts  of  the  Executive 
Department  of  that  Government. 

Until  the  reception  of  your  letter  I  had  not  the  slightest 
apprehension  of  your  want  of  ample  and  full  power  to  govern 
these  troops.  I  protest  against  these  troops  remaining  in 
the  country  a  single  day,  if  there  be  the  least  just  grounds 
to  suspect  either  officers  or  men  with  a  spirit  of  hostility  to 
the  policy  and  measures  of  the  Federal  Government  in 
regard  to  the  removal  of  the  Indians. 

In  determining  to  organize  a  force  in  Georgia  for  the 
protection  of  the  Indians  who  are  friendly  to  the  late  Treaty, 
as  well  as  our  exposed  white  population,  I  calculated  most 
confidently  on  the  cordial  co-operation  of  the  United  States 
forces  in  arresting  murderers  and  outlaws,  and  thus  aid  in 
bringing  to  justice  offenders  who  have  long  remained  unpun- 
ished;  and  have  intended  to  address  you  on  that  subject 
previous  to  the  reception  of  your  letter.  But  unless  you  or 
some  other  person,  in  whom  I  have  entire  confidence,  have 
the  command  of  these  troops,  I  want  nothing  to  do  with 
them.  No  man  who  is  suspected  of  siding  with  the  Ross 
party  ought  to  remain  in  that  country  a  single  day,  with  the 
arms  of  the  Government  in  his  hands.     If  your  apprehen- 


358  REMOVAL  OF  THE  CHEROKEE 

sions  be  well  founded,  mischief  will  inevitably  result  from 
these  troops  remaining  in  the  country,  and  the  sooner  they 
are  removed  the  better. 

I  would  most  cheerfully,  and  at  once,  comply  with  your 
suggestion  in  regard  to  the  command  of  these  troops  being 
transferred,  &c.,  but  for  the  fact  of  not  feeling  myself  at 
liberty,  from  the  tenor  of  your  letter,  to  use  the  facts  which 
you  communicate.  I,  therefore,  can  say  nothing  to  the 
President  upon  the  subject  of  your  letter,  unless  I  am  first 
authorized  by  you  to  do  so.  I  perceive  the  delicacy  of  your 
position,  but  you  must  at  once  perceive  that  my  position 
forbids  my  intermeddling  with  the  command  of  these  troops, 
unless  I  have  authority  to  predicate  my  suggestions  upon. 

I  am,  very  sincerely  yrs., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  July  23,   1835. 
Col.  Wm.  N.  Bishop. 

Dear  Sir : — I  have  had  the  satisfaction  of  reading  your 
letter  of  the  14th  inst.  In  contains  much  that  is  interesting, 
and  will  be  useful  in  aiding  my  further  efforts  to  promote 
the  public  interest.  Your  arrangements,  as  far  as  you  have 
communicated  them,  appear  to  me  to  be  judicious,  and  merit 
my  approbation. 

Immediately  after  you  left  here,  I  turned  my  attention 
to  the  subject  of  procuring,  with  as  little  delay  as  possible, 
the  swords  and  pistols  deemed  necessary  for  the  service  in 
which  you  are  engaged ;  and  ascertained  that  there  could 
be  procured  but  twenty  good  swords  and  three  braces  of 
pistols  within  the  limits  of  our  own  State.  I,  therefore, 
immediately  sent  to  New  York  for  the  necessary  supply,  and 
am  daily  expecting  to  hear  of  their  arrival  at  Savannah,  from 
which  place  they  will  be  forwarded  here  with  all  practicable 
dispatch.  The  twenty  swords  and  three  pairs  of  pistols  are 
here,  and  ready  at  your  call,  and  I  every  day  hope  to  be 
able  to  advise  you  of  the  arrival  of  a  full  supply. 

As  I  before  informed  you,  we  have  plenty  of  good  mus- 
kets and  cartridges  here  which  await  your  call.  Musket 
flints  have  been  ordered,  but  have  not  yet  arrived.  The  first 
moment  after  we  receive  all  the  articles  here  which  you 
need,  you  shall  be  advised  of  the  fact.  When  you  send,  make 
out  a  bill  of  all  you  want,  specifying  the  number  of  each 
article,  and  it   shall  be  filled,  if  possible.     Previous  to   the 


INDIANS    FROM    GEORGIA.  359 

reception  of  your  letter  I  had  heard  through  Maj.  Curry  and 
Col.  Nelson  of  the  violence  of  Ross,  in  endeavoring  to 
prevent  the  census  of  the  Indians  from  being  taken,  and, 
through  Mr.  Curry,  I  had  also  heard  of  the  outrage  com- 
mitted on  Col.  Turk,  and  others,  by  the  Ross  or  hostile  part 
of  the  Cherokees.  These  acts  of  violence  beyond  our  limits 
do  not  come  under  our  jurisdiction,  and  we  can  only  aid 
(should  it  be  necessary)  in  apprehending  these  offenders  in 
cases  where  they  may  happen  to  be  found  within  the  limits 
of  our  State.  The  measure  of  taking  the  census  is  a 
measure  of  the  Federal  Government,  with  which  we  have 
no  right  to  interfere,  unless  opposition  to  it  should  be 
carried  to  an  extent  of  personal  violence,  threatening  the 
safety  of  our  citizens,  or  the  peace  of  our  community.  It  is 
always  best  to  keep  within  the  bounds  of  our  respective 
official  spheres  —  usurping  no  power  or  authority  —  but 
promptly  and  fearlessly  discharging  our  obvious  and  well 
defined  official  duties.  You  have  the  undoubted  right,  how- 
ever, to  suppress  all  violent  measures  on  the  part  of  Ross 
and  his  party,  let  that  violence  arise  from  whatever  cause 
it  may— when  on  the  soil  of  Georgia,  he  must  be  made  to 
know  that  he  is  answerable  for  his  peaceable  and  good 
behavior.  Moreover,  he  should  be  held  accountable  for  all 
acts  of  violence  committed  by  the  ignorant  Cherokees,  sup- 
posed to  be  instigated  by  him  in  opposition  to  the  laws  of 
the  State.  I  hope  you  will  continue  to  keep  me  constantly 
apprised  of  your  movements  and  operations,  as  well  as  your 
own  wants. 

I  am,  sir,  very  respectfully,  yr,  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,   Ga.,  June  24,   1835. 
Col.  W.  N.  Bishop. 

Sir : — In  anticipation  of  the  general  meeting  of  the 
Cherokees  at  New  Echota — when  the  late  Treaty  will  be 
presented  by  the  Commissioners  of  the  United  States  for 
the  acceptance  or  rejection  of  these  people — I  have  thought 
it  best  to  apprise  you  in  due  time  that  it  will  be  expected  of 
you  and  your  entire  force  to  attend  that  meeting.  On  your 
arrival  at  that  place,  you  will  report  yourself  to  the  United 
States  Commissioners,  and  inform  them  that  you  are 
instructed  by  me  to  communicate  to  them  the  deep  interest 
which  I  feel  in  the  sviccessful  issue  of  their  mission,  and  of 


36o  REMOVAL  OF  IHE  CHEROKEE 

my  disposition  to  render  any  aid  which  may  be  within  my 
control  to  further  the  views  of  the  Government  under  which 
they  act,  in  regard  to  the  policy  and  measures  which  relate 
to  the  Cherokees.  Moreover,  you  will  apprise  them  of  your 
instructions  to  attend  the  contemplated  meeting,  with  the 
force  under  your  command,  for  the  purpose  (if  necessary)  of 
aiding  said  Commissioners  in  preserving  peace  and  good 
order  amongst  all  persons  who  may  attend  said  Treaty, 
whether  they  be  whites  or  Indians. 

And.  in  case  of  any  disorderly  or  riotous  conduct,  you 
wdll  be  vigilant  and  careful  to  aid  and  assist  the  civil  authority 
in  suppressing  the  same. 

You  will  be  particularly  careful  to  impress  upon  your 
men  the  importance  and  absolute  necessity  on  their  part 
of  conducting  themselves  with  the  greatest  propriety  and 
exemplary  good  order  and  cheerful  obedience  to  your  com- 
mands. No  just  occasion  must  be  given  by  any  individual 
under  your  command  for  the  complaint  of  any  individual 
whatever. 

It  will  be  a  most  favorable  occasion  for  you  and  your 
men  to  make  a  deep  impression  on  the  minds  of  all  your 
beholders,  that  the  object  of  your  command  is  the  preserva- 
tion of  peace  and  good  order,  and  you  are  not  to  be  consid- 
ered as  a  terror  to  any  but  evildoers. 

I  am,  very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  August  i6,  1835. 

CoK  Wm.  N.  Bishop,  Agent, 

Spring  Place,  Ga. 

Sir : — I  have  had  the  satisfaction  to  receive  your  letter 
of  the  5th  instant,  enclosing  your  weekly  reports  up  to  the 
26th  ult.  The  information  you  give  me  in  relation  to  our 
Cherokee  affairs  corresponds  with  that  which  I  had  pre- 
viously received  from  Maj.  Curry  and  Mr.  Schermerhorn. 
Both  of  these  gentlemen  speak  in  the  most  flattering  terms 
of  the  ability  and  prudence  with  which  you  have  thus  far 
discharged  the  duties  of  your  agency,  and  of  the  good 
conduct  of  the  men  under  your  command,  Mr.  Schermerhorn 
expresses  his  entire  conviction  of  the  utility  of  your  com- 
mand, and  adds  that  you  have  already  done  much  good  in 
advancing  the   object   of  Indian  emigration.      I  have   entire 


INDIANS    FKOM    GEORGIA.  361 

confidence  in  the  character  of  Mr.  Schermerhorn,  as  well  as 
that  of  ]Maj.  Curry. 

I  do,  however,  very  much  regret  the  anticipated  delay 
in  effecting  a  final  arrangement  with  the  Cherokees.  I  did 
entertain  the  hope  that  the  business  would  be  brought  to 
a  final  close  before  the  expiration  of  my  present  term  of 
office — not  that  I  consider  a  final  adjustment  of  any  great 
consequence  norv  to  the  people  of  Georgia,  or  because  I 
believe  a  treat}-  would  add  anything  to  my  own  fame  ;  but 
my  strongest  and  most  ardent  desire  arises  in  true  philan- 
thropy to  these  deluded  Indians,  who  have  so  long  been  the 
dupes  of  John  Ross  and  his  white  co-workers  and  lawyers. 
Since  I  came  into  the  Executive  chair,  by  my  special 
recommendations,  and  at  my  special  responsibility,  thrown 
on  me  at  every  stage  of  our  legislation,  I  have  moved 
straight  forward,  until  the  Cherokee  part  of  Georgia  has 
been  changed  from  a  howling  waste  of  savage  bands  and 
wild  beasts  to  that  of  a  settled  and  cultivated  country, 
populated  by  thousands  of  civilized  men,  now  enjoying  all 
the  blessings  of  our  Constitutional  Government.  Having 
effected  all  this  without  a  treaty,  why  should  Georgia,  upon 
selfish  considerations,  care  about  a  treaty?  What  remains 
to  be  done,  so  far  as  Georgia  is  concerned,  can  be  better 
done  by  state  legislation  than  any  treaty.  I  shall  do  my 
duty,  and  recommend  the  proper  measures  to  the  next 
Legislature,  and  trust  that  the  representatives  of  the  people 
will  also  do  their  duty.  T  wish  you  faithfully  to  co-operate 
with  Mr.  Schermerhorn  and  Maj.  Curry,  but  I  shall  not 
interfere  with  the  details  of  any  plans  which  are  to  be 
consummated  after  the  first  day  of  November  next.  The 
guns,  pistols,  swords  and  ammunition  are  here,  awaiting  your 
order,  of  which  you  have  been  notified  some  days  ago  by 
one  of  my  secretaries.  Continue  to  keep  me  apprised  of 
your  operations,  as  I  take  much  interest  in  the  details  which 
you   have  heretofore   given   me. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  August  24,  1835. 
Col.  Wm.  N.  Bishop, 
.    Agent. 
Sir : — I  have  this  day  caused  to  be  delivered  to  Samuel 
Weir  forty  good  muskets  and  accoutrements,  sixty  brace  of 


362  REMOVAL  OF  THE  CHEROKEE 

horsemen's  pistols,  sixty  swords,  one  box  (840)  cartridges, 
one  keg  (28  pounds)  powder,  one  hundred  pounds  of  bar 
lead,  and  500  of  the  best  flints  in  the  arsenal,  for  the  use 
of  the  guard  under  your  command. 

I  regret  that  your  written  and  specific  order  did  not,  as 
I  had  requested  of  you,  accompany  the  application  for  these 
articles ;  but,  from  the  statement  of  Air.  Weir,  T  cannot 
entertain  a  reasonable  doubt  of  his  application  being  made 
under  your  direction,  and,  therefore,  send  the  articles,  trust- 
ing their  safe  delivery  to  the  confidence  I  repose  in  the 
applicant,  and  have  to  request  that  you  will  acknowledge  their 
receipt  at  the  earliest  day.  I  have  exercised  my  best  judgment 
in  anticipating  your  wants  in  the  absence  of  any  specification 
from  you,  and  have  sent  them  accordingly.  Upon  opening 
the  box  containing  the  pistols,  I  was  astonished  to  find  no 
holsters.  It  is  a  strange  and  singular  omission,  for  which  I 
cannot  account ;  but,  under  all  the  circumstances,  I  concluded 
it  was  best  to  send  the  pistols  on,  and  hope  you  may  be 
able  to  find  a  workman  in  your  country  who  can  make  such 
holsters  and  coverings  as  may  answer  your  purpose.  From 
their  appearance,  I  hope  you  will  find  the  articles  sent  of  a 
good  quality. 

Mr.  Weir  states  to  me  that  you  promised  to  write  me 
in  time  for  his  arrival  at  that  place.  I  have  received  no 
such  communication.  Should  it  come  to  hand,  it  shall  be 
acknowdedged.  If  Mr.  Weir  does  his  duty  faithfully,  you 
ought  to  pay  him  a  fair  price  for  the  number  of  days  he 
may  be  engaged  in  your  employ.  As  the  articles  will  fall 
short  in  weight  of  making  an  ordinary  load,  I  have  sent  you 
sixty,  instead  of  forty,  brace  of  pistols,  and  sixty  swords. 
You  will  take  care  of  those  you  do  not  immediately  use. 
Since  writing  the  foregoing,  T  have  received  your  communi- 
cation, by  the  hand  of  Mr.  Underwood,  which  will  be  imme- 
diately answered. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  August  26,  1835. 
Mr.  Elias  Boudinot, 

New  Echota,  Ga. 

Sir: — Your  letter  of  the  igth  inst.  is  before  me.  In  reply, 
I  have  to  inform  you  that  lot  No.  124  in  the  Fourteenth 
District  and  Third  Section  has  not  been  granted.  i\pplication 


INDIANS    FROM    GEORGIA.  363 

for  the  grant  has  more  than  once  been  made,  but  believing, 
as  I  did,  that  the  grant  could  not  issue  without  violating 
the  true  interest  and  spirit  of  the  laws  of  Georgia,  I  have 
withheld  the  grant.  Therefore,  the  intrusions  which  have 
been  made  upon  your  rights,  as  secured  to  you  by  the  laws 
of  Georgia,  are  illegal,  and  deserve  the  punishment  of  the 
law. 

It  is,  however,  the  duty  of  the  Judiciary,  and  not  the 
Executive,  to  sustain  you  in  your  rights. 

I  will,  however,  write  to  Col.  Bishop,  the  present  Agent, 
on  the  subject,  in  the  hope  that  he  may  be  able  to  render 
you  some  service,  as  I  very  sincerely  regret  that  any  citizen 
of  Georgia  should,  under  such  circumstances  as  exist  in 
the  present  case,  be  so  lost  to  every  principle  of  justice  and 
humanity  as  to  rxt  oppressively  to  yon,  or  other  Cherokees, 
under  similar  circumstances.  I  will  herewith  enclose  to  your 
care  my  letter  to  Col.  Bishop,  and  leave  it  open  for  your 
perusal. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  August  26,  1835. 
Col.  Wm.  N.  Bishop, 
Agent. 

Sir : — In  compliance  with  your  request  contained  in  your 
letter  of  the  19th  inst.,  by  the  hand  of  Air.  Underwood,  I 
have  drawn  a  warrant  in  your  favor  for  the  sum  of  five 
hundred  dollars,  also  one  in  your  favor  for  Mr.  Weir  for 
one  hundred  and  thirty  dollars,  that  being  the  amount  you 
have  agreed  to  pay  him  for  the  transportation  of  the  arms, 
&c.  I  am  gratified  to  learn  that  you  are  actively  engaged 
in  every  part  of  the  country  embraced  in  your  command, 
and  of  the  service  in  which  you  are  engaged.  I  some  days 
ago  heard  of  the  apprehension  of  Took,  the  murderer.  Your 
statement  coincides  with  the  information  previously  received. 
I  entirely  approve  of  your  having  arrested  Adair  and  his 
associates  for  a  violation  of  our  laws,  by  assuming  official 
functions  under  Cherokee  authority. 

But  of  this  matter  the  Judiciary  must  determine.  It  is 
evident  that  Adair  and  his  associates  must  be  acting  under 
the  authority  of  Ross,  but  you  may  fail  to  procure  the 
necessary  proof  before  the  court.  They  certainly  have  no 
authority   for   their    insolent    assumptions,    either    from   the 


364  REMOVAl,  OF  IHE  CHEROKEii 

Federal  or  State  Government.  It  appears  to  me  your  proper 
course  would  be  to  take  these  men  before  a  civil  officer,  and 
have  them  bound  for  their  appearance  at  the  next  Superior 
Court,  to  answer  for  the  allegations  set  forth  in  your  letter, 
and  that  it  will  be  the  duty  of  the  Solicitor  General  to 
prosecute,  &c.  I  am  wholly  opposed  to  the  idea  of  Judge 
Underwood  having  any  official  agency  with  Cherokee  con- 
cerns whatever,  because  I  believe  him  to  be  entirely  unworthy 
of  public  confidence  in  this  or  any  other  matter  whatever. 
He  is  an  instrument  I  would  not  use  on  any  occasion 
whatever,  even  to  efifect  a  public  good,  so  long  as  I  could 
find  an  honest  man  in  the  country.  From  all  I  have  been 
able  to  collect,  from  every  source,  I  see  no  immediate  pros- 
pect of  the  Cherokees  accepting  the  Treaty.  Indeed,  from 
the  communications  which  I  have  received  from  Maj.  Curry 
and  Mr.  Schermerhorn,  I  have  lost  sight  of  a  treaty  before 
the  first  of  November,  when  my  term  of  office  will  expire. 

Therefore,  as  far  as  Georgia  is  concerned,  I  feel  entirely 
indifferent  whether  the  Cherokees  ever  enter  into  a  treaty 
or  not.  I  no  longer  look  to  the  Federal  Government,  or  its 
agents,  to  relieve  Georgia  from  her  Cherokee  perplexity. 

All  that  has  been  done  towards  ridding  the  State  of  this 
troublesome  population  has  been  done  by  State  authority ; 
and  what  remains  to  be  done  we  must  rely  upon  ourselves. 

I  shall  do  my  duty  to  the  last  moment  of  my  official 
term.  If  the  approaching  Legislature  sustain  my  views, 
Georgia  will  be  entirely  relieved  from  her  Indian  population. 

Do  your  duty  firmly,  but  do  not  transcend  your  legal 
bounds,  or  my  instructions. 

Respectfully,  yr,  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  August  26,  1835. 
Col.  W.  N.  Bishop, 
Agent. 

Sir : — I  have  this  day  received  a  letter  from  Mr.  Elias 
Boudinot,  on  the  subject  of  the  lot  of  land  embracing  his 
present  residence,  in  which  he  complains  of  intrusions 
already  having  been  made  on  his  rights,  and  of  further 
prospective  aggressions.  This  lot  of  land.  No.  124,  in  the 
Fourteenth  District  and  Third  Section,  has  not  and  cannot 
be  legally  granted.  I,  therefore,  have  to  request  that  you 
will,  without  delay,  investigate  this  case,  and  use  your  best 


INDIANS    FROM    GEORGIA.  365 

exertions  to  have  speedy  justice  done  to  Mr.  Boudinot.  It 
would  be  a  disgrace  to  the  State  to  permit  the  legal  rights 
of  this  man  to  be  trampled  on  by  unprincipled  white  men. 
If  you  cannot  legally  interfere  with  the  case,  as  Agent,  you 
are  hereby  authorized  to  institute  such  judicial  proceedings 
as  will  sustain  the  rights  of  Mr.  Boudinot,  at  the  expense  of 
the  State. 

Very  respectfully,  &c., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Sept.  17,  1835. 
Mr.  John  Ridge, 

Head  of  Coosa. 

Dear  Sir : — I  have  received  your  favor  of  the  7th  inst., 
signed  by  yourself,  as  well  as  the  emigrating  and  appraising 
agent.  After  duly  considering  the  same,  I  have  to  state  in 
reply  that,  as  far  as  official  obligations  would  permit,  I  have, 
from  the  time  I  entered  upon  the  duties  of  this  office, 
endeavored  to  keep  up  a  harmonious  action  between  the 
State  and  Federal  Governments  upon  all  subjects,  and 
especially  upon  the  subject  of  the  relations  of  Georgia  with 
the  Cherokees.  I  shall  continue  to  do  so.  If  I  understand, 
however,  the  object  of  your  present  communication,  it  will 
require  legislative  and  not  executive  interposition  to  meet 
the  case  presented  in  your  letter.  I  am  bound  by  the  highest 
obligations  to  execute  the  laws  as  I  find  them,  and,  until 
changed  by  the  Legislature,  I  cannot  stop  the  execution 
of  a  law,  although  I  may  regret  the  effects  of  its  operation. 

If  the  late  Treaty  proposed  to  the  Cherokees  could  have 
been  accepted  by  your  people  before  the  meeting  of  the 
approaching  session  of  the  Legislature  of  Georgia,  I  should 
have  felt  myself  in  duty  bound  to  have  urged  most  earnestly 
upon  the  Legislature  such  enactments  as  should  have  secured 
to  the  Cherokees  all  the  advantages  in  regard  to  time  and 
other  things  which  a  fair  construction  of  the  Treaty  would 
authorize  them  to  expect ;  but  I  have  discovered  a  spirit  of 
opposition,  procrastination,  and  obstinacy  on  the  part  of 
those  who  seem  to  have  the  destiny  of  a  majority  of  the 
Cherokees  in  their  keeping  that,  I  confess  frankly  to  you, 
has  produced  a  conviction  on  my  mind  that,  under  all  the 
existing  circumstances,  the  Government  of  Georgia,  as  well 
as  that  of  the  United  States,   should  at  once  convince  the 


366  REMOVAL  OF  THE  CHEROKEE 

Cherokee   people   of  the   impotency   of  John   Ross   and  his 
associates. 

I  have  held  correspondence  with  Mr.  Schermerhorn,  Maj. 
Curry,  Col.  Bishop,  and  others,  on  this  subject  for  months 
past.  I  see  no  certainty  of  any  desirable  result.  Every 
thing  appears  to  be  vague  and  uncertain. 

The  best  interest  of  the  Cherokee  people,  as  well  as  the 
whites,  demands  that  the  subject  should  be  brought  to  a 
close ;  and  it  must  and  will  be  done,  so  far  as  Georgia  is 
concerned. 

Permit  me,  in  conclusion,  to  assure  you  of  my  entire 
confidence  in  the  zeal,  ability  and  patriotism  with  which  you 
have  labored  to  promote  the  best  interest  of  your  people. 

Sir,  you  and  myself  have  no  object  in  view,  in  the  final 
adjustment  of  all  difBculties  between  our  people,  except  it 
be  their  good,  their  peace,  their  happiness,  and  prosperity. 
But  other  and  very  different  motives  influence  those  who 
are  endeavoring  to  procrastinate  and  lengthen  out  the 
embarrassing  perplexities  which  we  have  to  encounter.  If 
any  thing  definite  is  agreed  upon  before  the  meeting  of  the 
Georgia  Legislature,  the  interest  of  all  concerned  requires 
that  it  should  be  communicated  to  this  Department. 

I  am,  sir,  very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Sept.  26th,  1835. 
J.  F.  Schermerhorn,  Esq., 

Commissioner,  Calhoun,  Tenn. 
Sir : — I  have  the  honor  to  acknowledge  the  receipt  of 
your  favor  of  the  15th  inst.,  and  thank  you  for  the  informa- 
tion and  suggestions  it  contains.  You  will  please  keep  me 
advised  of  the  state  of  afifairs  in  connection  with  your  official 
duties  up  to  the  meeting  of  the  Legislature,  on  the  ist 
Monday  in  November  next,  and  I  will  endeavor  to  make  the 
best  use  of  all  the  information  derived,  in  furtherance  of  the 
very  desirable  and  important  object  of  bringing  to  a  final 
and  equitable  issue  our  perplexed  Indian  relations.  I  am 
much  gratified  to  find  from  the  tenor  of  your  letter,  and 
other  correspondence,  that  the  speedy  acceptance  of  the 
Treaty  by  the  Cherokees  is  becoming  more  probable.  So  far 
as  regards  the  interest  of  this  unfortunate  remnant,  it  is  of 
great  importance  to  them  that  what  they  do  should  be  done 
quickly. 


INDIANS    FROM    GEORGIA.  367 

Prompt  action  on  their  part  would  enable  me  to  effect 
much  in  guarding  their  interest  while  they  remain  in  Georgia, 
and  in  making  the  necessary  preparations  for  emigration. 
If  they  would  accept  the  Treaty  at  once,  every  indulgence 
guaranteed  to  them  in  that  instrument  would  no  doubt  be 
secured  to  them  by  the  legislation  of  the  State.  But,  sir, 
under  all  the  circumstances,  they  may  rest  assured  that  the 
idea  that  the  people  of"  Georgia  will  any  longer  submit  to 
the  annoyance  of  John  Ross  and  his  associates  is  wholly 
preposterous. 

The  list  of  reserves,  as  requested  by  you,  was  forwarded 
without  delay.  The  case  of  Mr.  Boudinot  has  been  duly 
attended  to,  by  giving  the  proper  instructions  to  Col.  Bishop. 
In  every  case  the  rights  of  the  Cherokees,  as  recognized  by 
the  laws  of  Georgia,  will  be  scrupulously  respected  and 
guarded,  as  far  as  the  power  of  this  Department  may  extend. 

With  great  respect,  yr.  obt.  servt., 

WILSON  LUMPKIN. 

Executive  Department,  Ga., 
Milledgeville,  Sept.  26,  1835. 
Col.  Wm.  N.  Bishop. 

Dear  Sir: — I  have  duly  received  your  favor  of  the  i6th 
inst.,  accompanied  by  your  weekly  reports,  &c.  Your  letters 
give  me  much  detailed  information  which  will  be  useful,  and 
I  hope  you  will  continue  to  keep  me  advised  of  every 
important  matter  connected  with  your  ofificial  duties  up  to 
the  meeting  of  the  ensuing  Legislature.  I  was  gratified  to 
learn  the  case  of  Mr.  Weir,  and  the  letters  and  money 
entrusted  to  the  care  of  Mr.  Underwood,  had  been  duly 
received  by  you. 

Your  arrangements  and  proceedings  in  connection  with 
your  ofificial  duties,  as  reported  in  your  letter,  appear  to  be 
judicious,  and  have  my  approbation. 

I  am  much  pleased  to  learn  that  the  views  which  I  enter- 
tain, and  the  course  which  I  have  pursued,  is  effecting  a 
salutary  change  in  the  feelings  of  many  of  the  Cherokees  and 
are  appreciated,  and  I  shall  certainly  persevere  in  the  policy 
which  I  have  heretofore  suggested  to  you  to  the  termination 
of  my  official  functions.  Before  this  reaches  you,  I  hope  you 
will  have  attended  to  the  case  of  Mr.  Boudinot,  and  that 
you  will,  in  every  case,  be  particularly  vigilant  to  see  that 


368  REMOVAL  OF  IHE  CHEROKEE 

justice  is  done  to  the  well  disposed  portion  of  the  Cherokee 
people. 

Very  respectfully,  yr.  obt.  servt., 

WILSON  LUMPKIN. 


Having  extended  the  selections  from  my  official  corre- 
spondence, while  in  the  Executive  Office  of  Georgia,  far 
beyond  the  point  which  I  had  anticipated  when  I  entered 
upon  the  work  of  making  these  selections,  I  deem  it  proper 
to  make  the  following  explanation : 

Unimportant  and  uninteresting  as  many  of  these  letters, 
when  read  single  and  alone,  will  doubtless  appear  to  most 
readers,  yet,  when  read  in  consecutive  order,  as  I  have 
arranged  them,  no  attentive,  sensible  reader  will  fail  to  see 
their  connection  from  the  beginning  to  the  end  of  my  official 
labors  as  Governor  of  Georgia.  It  will  be  seen  that  each 
and  every  day  brought  with  it  arduous,  complicated  and 
variegated  labors,  such  as  have  rarely  fallen  to  the  lot  of 
any  Governor  of  any  State  of  the  Union.  These  letters 
contain  the  official,  uncontroverted  evidence  of  the  manner 
in  which  these  duties  were  disposed  of. 

Moreover,  they  are  indispensable  to  sustain  the  chain  of 
Georgia's  history  in  connection  with  her  Indian  affairs  for 
four  of  the  most  trying  and  critical  vears  of  her  whole  history 
in  connection  with  her  Indian  affairs. 

This  was  the  period  which  tested  the  question  of  sover- 
eignty between  one  of  the  States  of  the  Union  and  the 
aboriginals  of  the  country.  This  was  the  period  when  the 
great  political  party  opposed  to  the  administration  of  Gen. 
Jackson  took  sides  with  John  Ross  and  his  followers,  in 
favor  of  Cherokee  sovereignty  within  the  limits  of  Georgia 
and  other  States.  This  party,  too,  was  aided,  countenanced, 
and  encouraged  by  a  majority  of  the  Judges  of  the  Supreme 
Court  of  the  LTnited  States.  This  was  the  period,  too,  which 
tested  the  strength,  success,  and  practicability  of  carrying  into 
effect  the  emigration  plan.  Hence,  the  necessity  of  giving 
to  the  reader,  somewhat  in  detail,  the  progress  of  these  four 
years.  The  numerous  letters  written  to  Gen.  Cofifee,  Col. 
Bishop  and  other  agents  of  the  Government  of  Georgia, 
under  the  authority  of  the  then  existing  laws,  and  to  many 
other  individuals,  may,  to  the  superficial  reader,  appear  to 
be  monotonous,  and  exhibit  very  much  sameness  in  sub- 
stance, but,  when  critically  examined  and  scrutinized,  every 


INDIANS    FROM    GEORGIA.  369 

letter  will  be  found  to  contain  something  different  from  all 
others,  and,  at  the  time,  highly  expedient  and  necessary  to 
have  been  communicated. 

Moreover,  they  are  necessary  links  to  the  one  unbroken 
chain,  the  first  link  of  which  I  had  attempted  and  succeeded 
in  forming,  in  the  House  of  Representatives  of  the  United 
States,  in  the  year  1827,  by  obtaining  an  appropriation  of 
$15,000  to  defray  the  expense  of  Commissioners  appointed 
to  explore  and  find  a  suitable  country  for  the  Indians,  then 
in  the  several  States,  in  the  wild  lands  of  the  West.  The 
labor  of  these  years  was  much  more  hazardous,  delicate, 
and  difficult,  because  most  conscientiously  performed,  as  I 
have  always  declared.  No  man  among  the  living  more 
ardently  sought  to  benefit  the  Indians  than  myself. 

While  I  viewed  John  Ross  and  a  few  of  his  prominent 
followers  as  very  selfish,  bad  men,  the  Ridges,  Boudinot  and 
many  others  had  gained  my  confidence  as  high-minded, 
honorable  and  patriotic  men — men  devoted  to  the  best 
interest  of  their  people ;  men  whose  civilization  and  intelli- 
gence justly  entitled  them  to  a  place  in  the  confidence  and 
brotherhood  of  the  first  statesmen  and  philanthropists  of  the 
age.  Therefore,  persevering  as  I  was  in  all  my  official 
duties,  I  was  sometimes  almost  paralyzed  in  my  progress 
on  account  of  the  necessity  of  doing  justice  to  and  guarding 
so  many  conflicting  interests  at  the  same  time. 

Should  any  of  my  survivors  ever  take  the  time  to  make 
themselves  fully  acquainted  with  the  history  of  Georgia 
during  the  four  years  of  my  Chief  Magistracy,  and  examine 
critically  all  my  official  acts,  I  feel  assured  that  their  minds 
will  be  impressed,  as  mine  now  is,  while  I  write  these  pages, 
that  God,  in  His  wisdom,  accomplishes  His  purposes  by 
means  of  His  own  choosing;  that  the  glory,  power  and 
wisdom  shall  be  ascribed  to  His  own  name  and  not  to  the 
humble  instrumentality  of  poor,  mortal,  erring  man.  In  all 
these  matters  I  only  claim  to  have  been  the  clay  in  the  hands 
of  the  potter. 


END  OF  VOI^.   I. 


